Three-man bench dis­misses MP’s appeal to set aside High Court de­ci­sion

New Straits Times - - NEWS / CRIME & COURTS - AH­MAD JO­HARI MOHD ALI news@nst.com.my

THE Court of Appeal yes­ter­day re­jected an appeal by Tony Pua Kiam Wee to lift an in­terim in­ter­parte in­junc­tion ob­tained by Datuk Seri Na­jib Razak against the Petaling Jaya Utara mem­ber of par­lia­ment over a video clip, which the prime min­is­ter claimed was defam­a­tory.

The three-man bench com­pris­ing Datuk Abang Iskan­dar Abang Hashim, Puan Sri Zaleha Yu­sof and Datuk Yaa­cob Md Sam unan­i­mously dis­missed Pua’s appeal to set aside a High Court de­ci­sion on Aug 4 last year, grant­ing Na­jib the in­junc­tion or­der to re­strain Pua from re­peat­ing the al­leged slan­der­ous al­le­ga­tions.

The bench made the de­ci­sion af­ter find­ing that Pua’s grounds of appeal had no ba­sis, did not have any merit and ex­cuse to in­ter­fere with the High Court’s de­ci­sion.

Yaa­cob, who de­liv­ered the court’s judg­ment, said the court found that Na­jib had sat­is­fied the nec­es­sary re­quire­ments for an in­terim in­junc­tion to be al­lowed.

He said there was ev­i­dence of Pua’s in­ten­tion to re­peat the al­leged defam­a­tory state­ment.

Yaa­cob said the High Court judge did not com­mit any mis­di­rec­tion of law when grant­ing Na­jib the in­terim in­junc­tion.

He said the court took ju­di­cial no­tice that the at­tor­ney-gen­eral (A-G) had made a de­ci­sion that Na­jib had com­mit­ted no wrong­do­ing in re­la­tion to 1Malaysia De­vel­op­ment Ber­had.

He said in­ves­ti­ga­tions were car­ried out by the Malaysian An­ti­Cor­rup­tion Com­mis­sion (MACC), po­lice, Bank Ne­gara and the At­tor­ney-Gen­eral’s Cham­bers. The re­sults, which have been dis­closed to the pub­lic by the A-G and MACC, had cleared Na­jib of any wrong­do­ing.

In the pro­ceed­ings, Na­jib was rep­re­sented by Datuk Mohd Ha­farizam Harun while Gobind Singh Deo acted on be­half of Pua.

The video clip was recorded by the law­maker at the Par­lia­ment lobby and was up­loaded onto the Face­book ac­count, un­der the name of Tony Pua, en­ti­tled: “BN govt aban­dons all bills to give prece­dence to Pas RUU 355 pri­vate mem­ber’s bill”.

Na­jib had claimed the video clip could be ac­cessed widely on the In­ter­net.

He sued Pua in his per­sonal ca­pac­ity, al­leg­ing that the lat­ter had made defam­a­tory state­ments against him on live video re­lat­ing to the tabling of the bill.

On April 21 last year, the High Court al­lowed Na­jib’s ap­pli­ca­tion for an ex-parte in­junc­tion to re­strain Pua from fur­ther pub­lish­ing sim­i­lar or the same words.

On Jan 26, the ap­pel­late court bench re­served de­ci­sion in Pua’s appeal af­ter hear­ing sub­mis­sions from coun­sels.

The court sub­se­quently fixed yes­ter­day to de­liver the ver­dict.

Af­ter the court’s de­ci­sion, Ha­farizam said the trial of the law­suit was fixed for April 23.

Gobind said he would be fil­ing for leave to appeal to the Fed­eral Court.

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