PUTRAJAYA: Former Umno Youth leader Khairy Jamaluddin’s appeal on a defamation suit filed in 2008 for insinuating that Anwar Ibrahim is a homosexual and a person of low morals has been revived.
The Federal Court today allowed the now science, technology and innovation minister’s case to be heard on merit before the Court of Appeal.
Two years ago, the appellate court, in allowing Anwar’s preliminary objection, annulled Khairy appeal against a High Court ruling.
Today, a five-member Federal Court bench chaired by Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim said Khairy’s appeal based on three questions of law were allowed.
“We remit the matter to the Court of Appeal for the merit of the case to be heard,” he said in his oral ruling.
The bench, also consisting of Nalini Pathmanathan, Vernon Ong Lam Kiat, Hasnah Mohammed Hashim and Rhodzariah Bujang, directed case management be held tomorrow to give direction to parties.
It also ordered Anwar to pay Khairy RM30,000 in costs.
The proceeding was conducted online after the court obtained consent from both parties.
Lawyer Muhammad Shafee Abdullah represented Khairy while J Leela appeared for Anwar.
Today’s ruling in favour of Khairy appeared to have departed from a previous Federal Court judgment, and an appellant now needs only file a single notice of appeal arising from two or more decisions.
Last year, Khairy obtained leave from the apex court to challenge the Court of Appeal ruling. The appellate court had maintained on Feb 19, 2018, the RM150,000 in damages awarded to Anwar after striking out Khairy’s appeal.
A three-man bench, chaired by Tengku Maimun Tuan Mat, said Khairy’s notice was “ambiguous and uncertain”.
Tengku Maimun, who is now the chief justice, said the bench was bound by a Federal Court ruling that an appellant must file separate notices if there is more than one appeal.
Khairy had appealed against High Court judge Azizul Azmi Adnan’s decision barring him from amending his statement of defence after the trial began and finding him liable for defamation.
He filed a single notice of appeal, to which Anwar responded by filing an application in the Court of Appeal to strike out the notice, saying it was defective.
In 2017, Azizul ruled that Khairy’s “main belakang” statement in 2008 had a sexual connotation meant to attack Anwar and dismissed Khairy’s defence of fair comment and qualified privilege.
Azizul ordered Khairy to pay Anwar RM150,000 in damages and a further RM60,000 in costs.
In the RM100 million suit, Anwar alleged that Khairy, then Umno Youth vice-chief, had uttered defamatory words against him at a ceramah in Lembah Pantai on Feb 20, 2008.
Anwar claimed that the “main belakang” phrase used by Khairy suggested that he was a homosexual and a person of low morals.