KUALA LUMPUR (March 6): The High Court here today ordered the Federal Territories Minister Khalid Samad's defamation suit against activist Wan Asshima Kamaruddin, for her post which claimed the minister supported organising a gay festival, to go to trial.

This follows judge Datuk Nik Hasmat Nik Mohamed today dismissing Khalid's application to strike out Wan Asshima's defence of the suit.

"The court ruled there are triable issues and that the matter should proceed to trial," said Khalid's lawyer, Rafiqree Hamka.

The decision was delivered in Nik Hasmat's chambers.

According to Wan Asshima's lawyer, Wan Rohimi Wan Daud, the court also ordered Khalid to pay RM3,000 in costs.

Wan Rohimi said Khalid tried to strike out the defence of fair comment, qualified privilege and justification, but the judge rejected all the arguments.

"The defence cited remains intact and we will go for trial," said the lawyer.

Rafiqree, who appeared with lawyer Mohamed Ashmeer Mohd Ashraf, said as a result of today's decision, the court has fixed April 9 for case management.

This is probably to fix trial dates.

"We will seek instructions from Khalid on whether to appeal today's decision," said Rafiqree.

Wan Rohimi said the court also advised the parties to consider going for mediation.

Khalid, who is also Parti Amanah Negara communications director, filed the suit on Sept 13, 2018 against Wan Asshima, who is also the Gerakan Muslimah Malaysia leader, for posting a video which was uploaded on her Facebook page claiming the minister supported a gay festival last August.

She removed the posting but refused to apologise.

Khalid said Wan Asshima issued the alleged defamatory statement without verifying the facts.

"In her Facebook statement on Aug 18, she said I had violated the rights of Muslims when I called and approved the gay festival, and it implied that I am a person who acknowledged lesbian, gay, bisexual and transgender (LGBT) rights in Malaysia.

"Her statement was done in bad faith, with the intention to cause the public, especially the Muslim community, to hate me," Khalid said in his statement of claim.

He is seeking an apology from Asshima and damages from the defamatory statement made.