High Court defers decision on lawyer’s judicial review bid

KOTA KINABALU: The High Court here put off to March 1 to deliver its decision on a lawyer’s application for leave for judicial review to prevent Rural and Regional Development Minister Datuk Seri Ismail Sabri Yaakob from registering his defamation suit against a Sabah daily at the High Court of Malaya in Kuala Lumpur.

Justice Ravinthran Paramaguru adjourned the case to allow the applicant Marcel Jude A/L M.S. Joseph, who acted on his own, and the respondents to file their further submissions to the court.

The judge, who heard the case in chambers, was supposed to give his decision yesterday. However, Marcel, when met outside the court, said further submissions would be on whether the High Court here had jurisdiction over a matter that was done by the registrar of the High Court in Kuala Lumpur.

“We have to do further submissions on that issue,” said Marcel.

In the leave application which was filed on January 2, Marcel had named the High Court of Malaya in Kuala Lumpur, 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.

Marcel 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 James Sarda, who is the chief editor of Daily Express 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 failed in its bid to strike out the suit by Ismail Sabri after the judge held that the suit could be heard in Kuala Lumpur.

Senior federal counsel Andi Razalijaya appeared for the respondents.