A five-member panel of the Federal Court led by Chief Judge of Sabah and Sarawak Datuk Abang Iskandar Abang Hashim today allowed Khairy’s appeal against the appellate court's decision in striking out his appeal in the lawsuit filed against him by Anwar.
“The case is remitted to the Court of Appeal to hear the merit of the case,” said Justice Abang Iskandar which then fixed tomorrow for case management via e-review proceedings.
The court also ordered Anwar to pay Khairy RM30,000 in costs. The other four Federal Court Judges are Datuk P.Nallini, Datuk Vernon Ong Lam Kiat, Datuk Seri Hasnah Mohammed Hashim and Datuk Rhodzariah Bujang.
Today’s proceedings were conducted online where the five judges and several court officers were in an open court while counsel Tan Sri Muhammad Shafee Abdullah who represented Khairy, and J.Leela who acted for Anwar, appeared virtually before the panel via zoom.
Earlier, Muhammad Shafee has requested for RM100,000 in costs on grounds that the amount of preparation for the case at the Federal Court level was extensive, but Leela said the amount sought was too high and asked for RM10,000 instead.
In April last year, Khairy, obtained leave from the Federal Court to appeal against the Court of Appeal's decision which struck out his appeal after ruling that there was ambiguity in the notice of appeal.
Anwar, who is PKR president, sued Khairy, who was then Youth and Sports minister and the then UMNO Youth vice-chief on March 7, 2008, alleging that Khairy had uttered defamatory words about him during a ceramah at Lembah Pantai on Feb 20, the same year and caused the publication of a video clip titled “Anwar and kin no threat” on news portals.
In September 2017, High Court judge Azizul Azmi Adnan allowed Anwar’s suit against Khairy and found Khairy liable for defamation and therefore ordered Khairy to pay RM150,000 in general damages to Anwar.
Azizul also dismissed Khairy’s application to amend his statement of defence to say that his remark was a fair comment.
Khairy subsequently filed the appeal against the High Court ruling for finding his liable and rejecting his application to amend his statement of defence after the trial.
In February 2018, the Court of Appeal struck out Khairy's appeal after allowing Anwar's counsel's application to annul the notice of appeal.
-- BERNAMA
