KUALA LUMPUR (Sept 25): The warrant of arrest against Datuk Azwanddin Hamzah, who previously failed to attend the committal proceedings filed against him by former primary industries minister Teresa Kok Suh Sim, has been revoked by the High Court here today.
Judge Datin Rohani Ismail cancelled the warrant after the Pertubuhan Jaringan Melayu Malaysia (JMM) president turned up at today’s proceedings.
Kok's lawyer Datuk Sankara N Nair told reporters that with Azwanddin's presence, they withdrew the committal proceedings application against him, which was filed last Oct 8.
"The judge would have committed him if he did not appear today. So, since he came to the court, we withdrew the committal proceedings application but we are at liberty to refile it," said the lawyer after the matter came up before Judge Rohani in chambers.
Azwanddin was unrepresented.
The arrest warrant was issued by Judge Rohani against him on Aug 28.
The application for committal proceedings against Azwanddin was filed following his failure to submit an open apology in three newspapers, namely Sinar Harian, The Star and Sin Chew Daily, and to pay costs, which were among the terms of settlement for the defamation suit filed by Kok against him.
Sankara, however, said they had filed a petition for a declaration of bankruptcy against Azwanddin instead since he had yet to make the settlement payment.
"There is still no payment made within the reasonable time and he (Azwanddin) said he had some problems [to make the settlement payment], so we told him we can consider it but within a reasonable time.
"That's why we have decided to take the second route by filing the petition for a declaration of bankruptcy in July, and the hearing was fixed to be heard on Nov 16 in the Shah Alam High Court. He (Azwanddin) must appear and file an application to oppose the petition," he said.
Kok filed the defamation suit against Azwanddin for linking her to a land dispute involving the Sri Maha Mariamman Hindu temple in Seafield, Subang Jaya and the case was amicably resolved in the High Court last July 29 with Judge Rohani recording the terms of the settlement.