Thursday 25 Apr 2024
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(May 14): ailed PKR de facto leader Datuk Seri Anwar Ibrahim's RM60 million defamation suit against his former tennis partner Datuk S. Nallakaruppan will be finally be heard tomorrow, close to seven years after it was filed in the High Court.

Anwar's lawyer Latheefa Koya said this case was delayed as parties went to the Federal Court twice on interlocutory matters.

She said trial was further held up as the initial trial judge Datuk Su Geok Yiam disqualifed herself last November, following an application by Nallakaruppan to discharge her over adverse comment she had made during earlier stages of the case.

Datuk Mohd Zaki Abdul Wahab will now hear the case.

"Anwar will be brought from the Sungai Buloh prison to give evidence as the plaintiff starts his case in a civil suit," she told The Malaysian Insider.

Representing Nallakaruppan is lawyer Tan Sri Muhammad Shafee Abdullah, who led the prosecution, in obtaining a conviction against Anwar over a second sodomy charge in the Federal Court in February.

Nallakaruppan was once a confidante of Anwar was his tennis partner when the latter was deputy prime minister until his dismissal from government in 1998.

Both parted ways in 2007 over political differences.

Nallakaruppan was slapped with a lawsuit on August 25, 2008 over alleged derogatory remarks in an article, "Anwar terima RM60 juta" (Anwar receives RM60 million) which was published in the Mingguan Malaysia and Sinar Harian newspapers.

Anwar's lawyer demanded that Nallakaruppan provide further and better particulars which the defendant refused to give.

The High Court in 2009 finally ordered Nallakaruppan to supply the information.

Dissatisfied, Nallakaruppan fought the matter until the Federal Court, which affirmed the decision of the High Court, and ordered the case to be returned to the High Court.

Back in the High Court, Anwar applied to strike out Nallakaruppan's defence as he claimed the latter failed to furnish better and further particulars on his allegations as directed by the court.

On June 19, 2012, judge Su had found Nallakaruppan liable of making defamatory statements against Anwar.

Nallakaruppan, who is Malaysian Indian United Party president, was unsuccessful in his appeal at the Court of Appeal.

Subsequently, he filed an application for leave to appeal to the Federal Court and obtained the leave in August 2013.

The questions relate to whether providing insufficient, better and further particulars could amount to striking out of the defence.

On March 26 last year, a five-man bench Federal Court allowed Nallakaruppan's appeal and ordered a trial to be held.

“Striking out is only applicable in a plain and obvious matter,” said Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinuddin when making the order.

Zulkefli said the further particulars sought by Anwar were not facts but evidence which must be adduced at the trial.

With the trial set to begin, Anwar will again face off with Shafee for the second time since he was jailed.

On February 17, Anwar locked horns with Shafee, who appeared for Foreign Minister Datuk Seri Anifah Aman, in another defamation suit.

In Sodomy II, Shafee was appointed ad hoc deputy public prosecutor by the government to conduct the prosecution appeal to set aside Anwar's initial acquittal by a High Court.

The Federal Court on February 10 affirmed the Court of Appeal's five-year jail term imposed on the former opposition leader of sodomising his former aide Mohd Saiful Bukhari Azlan at a Bukit Damansara condominium on March 26, 2008. – The Malaysian Insider

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