Lawyer’s appeal against dismissed leave for judicial review struck out
KOTA KINABALU: The Court of Appeal here yesterday struck out a lawyer’s appeal against his dismissed leave for a judicial review to stop a former federal minister from registering a defamation suit against a local daily in Sabah at the High Court of Malaya in Kuala Lumpur.
Justices Datuk Vernon Ong Lam Kiat, who sat together with Justices Datuk Yaacob Haji Md Sam and Datuk Yew Jen Kie unanimously made the decision after counsel Nurul Rafeeqa Afdul Mutolip, who represented the appellant Marcel Jude Joseph, said that her client wanted to withdraw the appeal.
The counsel also requested for no order as to cost be given to her client.
In reply, Senior Federal Counsel Andi Razalijaya A Dadi for the respondent in this leave application applied for cost to be awarded to the respondent and proposed a sum of RM5,000.
Andi submitted that for this case, record of appeal and grounds of judgement had been served and this case also went to pre-trial case management before the registrar.
He also said that the appellant had said that he wanted to withdraw the appeal but the respondent never received any notice of withdrawal from the appellant.
On March 1, 2018, the High Court here dismissed with cost the leave application for the judicial review by Marcel to stop the ex-Rural and Regional Development Minister Dato’ Sri Ismail Sabri Yaakob from registering his defamation suit against the local daily in Sabah at the High Court of Malaya in Kuala Lumpur.
In dismissing the leave, the lower court also ordered Marcel to pay RM2,000 to the respondent.
In his leave application, which was filed on January 2, 2018, Marcel had named the High Court of Malaya in KualaLumpur, Ismail Sabri and Messrs Kesavan Advocates and Solicitors as first, second and third respondents, respectively.
Marcel sought for an order of certiorari to quash the registration of a writ issued by the first respondent in respect of a defamation suit, which was registered in the High Court in Kuala Lumpur.
Marcel also sought for an order of prohibition to refrain the first respondent from registering or endorsing or undertaking any other act incidental thereto in respect of the defamation suit.
He further sought for a declaration that the registration of the defamation suit is unconstitutional, ultra vires null and void.
Other than that, he sought for costs and any other relief deemed fit by the court.
The suit stated that the third and second respondents had named Sabah Publishing House Sdn Bhd, which is the publisher of the local newspaper known as Daily Express and its Chief Editor James Sarda as the first and second defendants, respectively.
The suit alleged that the Sabahbased newspaper had defamed him over articles published between January 24 and September 8, 2015 on a controversy surrounding turtle egg dishes at an Umno function in Sabah which he had attended.
On October 9, 2017, Daily Express had failed in his bid to strike out the suit by Ismail Sabri after the judge held that the suit could be heard in Kuala Lumpur. Then on September 7, 2018, the suit had been resolved amicably after its case management at the High Court in Kuala Lumpur.