PUTRAJAYA: The Court of Appeal was told today that the speech made by Khairy Jamaluddin during the 12th General Election campaign in 2008 was referred to the merger or cooperation between the opposition parties for the election and not linked to Datuk Seri Anwar Ibrahim's sodomy case.
Khairy's counsel Tan Sri Muhammad Shafee Abdullah said the speech employs figurative humour to deliver the message that the alliance between the opposition parties is simply a marriage of convenience.
"Over and over again, the appellant (Khairy) refers to the fact he did not mean any meaning of homosexuality or sexual meaning, which was alleged in Anwar's suit.
"My client was talking about political parties. You cannot sodomise political parties, that is an act of impossibility. It was spoken in a figurative context," Muhammad Shafee submitted via teleconferencing from New York in Khairy's appeal against the High Court's decision which allowed Anwar's defamation suit.
On Oct 25, the Kuala Lumpur High Court allowed an application by Muhammad Shafee who is facing charges of money laundering and submitting incorrect tax returns, for the temporary release of his impounded passport to enable him to go to New York to manage the settling in of his son's higher studies.
The lawyer further submitted that the appellant was talking about the merger or cooperation between the opposition parties, namely PAS, PKR and DAP for the pure purposes of the election.
"He (Khairy) was comparing such arrangement to a marriage of convenience or contractual marriage which basically is not meant to last and is done only to achieve a specific short term temporary purpose.
"The context in which these words were made was that political parties in the opposition come together but do not stay united together whereas the Barisan Nasional and its affiliated parties stay together.
"My client spoke in terms of kahwin mutaah, which is akin to a temporary or contractual marriage and it linked with the opposition parties and the way that they acted," said Muhammad Shafee.
The hearing which was heard virtually before a three-panel judge comprising Datuk Lee Swee Seng, Datuk Darryl Goon Siew Chye and Datuk Ghazali Cha continues on Jan 17 next year.
Anwar, who is PKR president, sued Khairy, who was then Youth and Sports Minister and 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 which led to the posting 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.
The judge 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 but in February 2018, the Court of Appeal struck it out after allowing Anwar's counsel's application to annul the notice of appeal.
On Dec 15 last year, the Federal Court allowed Khairy's appeal for his case to be reheard on its full merits at the Court of Appeal.
-- BERNAMA
Bernama
Tue Nov 02 2021
Khairy's counsel Tan Sri Muhammad Shafee Abdullah said the speech employs figurative humour to deliver the message that the alliance between the opposition parties is simply a marriage of convenience. - Astro AWANI
Who is Prabowo Subianto, incoming president of Indonesia?
A wealthy ex-general with ties to Indonesia's popular outgoing president and its dictatorial past, looks set to be its next leader.
Iran's supreme leader says Hamas leader's death will not halt 'Axis of Resistance'
The "Axis of Resistance", built up with years of Iranian support, includes Hamas, the Lebanese Hezbollah group, the Houthi movement in Yemen, and various Shi'ite groups in Iraq and Syria.
Putin says Russia willing to seek compromises between Iran and Israel
Russia is ready to help seek compromises between arch-foes Israel and Iran, President Vladimir Putin said on Friday, saying these would be difficult but possible.
What proposals will Russia push at the BRICS summit?
The proposal is also to establish a BRICS reinsurance company to allow uninterrupted shipment of goods and key commodities between members.
Indonesia's free meals plan in the spotlight as Prabowo readies for office
Prabowo calls the programme one of the main drivers of economic growth, eventually set to add an estimated 2.5 million jobs.
Astro AWANI's revamped English news website, AWANI International, launches on Oct 21
Astro AWANI's revamped English platform delivers in-depth global news and expert analysis to keep you informed on key developments.
Israeli strikes kill 33 people in Jabalia refugee camp in Gaza, medics say
Residents of Jabalia said Israeli tanks had reached the heart of the camp after pushing through suburbs and residential districts.
Liam Payne's ex-partner calls for media restraint after 'painful' death
Cheryl Tweedy used her statement to urge the media to remember they had a seven-year-old son, Bear, who could read the reports.
Analysts: Indonesia's strong MoF leadership team to boost investor confidence
Sri Mulyani Indrawati as head of Indonesia's Ministry of Finance is expected to instil confidence among investors.
Biden offers both a carrot and a stick to Israel as his term nears an end
Israel has frequently resisted US advice and has caused political difficulties for the Biden administration.
Putin says BRICS will generate most of global economic growth
Russian President Vladimir Putin will host a summit of the group in the city of Kazan on Oct. 22-24.
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.