PUTRAJAYA: The Court of Appeal today cautioned that there would be no more adjournment in Khairy Jamaluddin Abu Bakar's appeal hearing over having to pay RM150,000 in damages to Datuk Seri Anwar Ibrahim in a defamation suit 13 years ago.
Justice Datuk Lee Swee Seng who led a three-member bench said it has to be the last adjournment as it is a 2017 appeal after Khairy's co-counsel has requested for postponement, this after lead counsel Tan Sri Muhammad Shafee Abdullah was unable to attend today's proceedings after calling in sick.
"No matter what, we have to proceed with the case. We are sympathetic with respect to health issues, but this is a 2017 case (appeal) and this case should be disposed of as soon as possible this year. The legal team should have prepared another lawyer to submit, in the event that the lead lawyer is indisposed.
"The adjournment (today) shall be the final adjournment date, and no further adjournment date will be allowed. The case - come rain or shine, rain or flood, pandemic or no pandemic, will proceed," said Justice Lee who presided over the case via Zoom with Justices Datuk Vazeer Alam Mydin Meera and Datuk Darryl Goon Siew Chye.
Co-counsel for Khairy, Sarah Abishegam informed the panel that she received a call from Muhammad Shafee this morning.
"He (Muhammad Shafee) said he is unable to conduct today's proceedings as he had developed a fever due to pain from rheumatoid arthritis, and also suffered pain on his wrists and right shoulder.
"Therefore, he is requesting this case to be adjourned. We apologise Yang Arif. We will submit the medical certificate to court," she said.
Justice Lee also directed for the matter to be fixed for case management before the court registry to set a new hearing date for Khairy's appeal, as Anwar's counsel J.Leela did not raise any objection to the adjournment application.
Leela later told the media that the court has fixed Nov 2 for the hearing of the appeal.
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.
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 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, which was set for hearing today.
-- BERNAMA
Bernama
Fri Sep 17 2021
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. BERNAMA photo
ANALYSIS - What could happen if Trump rejects the US election results
If Trump seems to be losing, the delay could let him claim fraud and undermine confidence in election officials.
Motorcycling - Marquez wins Australian MotoGP after intense battle with Martin
The 31-year-old, third in the championship standings, has now won the Australian MotoGP four times in the premier class.
Prabowo takes up Indonesian presidency, vows to tackle corruption, other issues
Indonesia's Prabowo Subianto on Sunday took over as president of the world's third-largest democracy, vowing to combat internal issues
Nepal's Sherpas deserve more, says teenager who scaled world's 14 tallest peaks
Sherpas are known for climbing skills that make them the backbone of mountain expeditions.
Inside the underground lab in China tasked with solving a physics mystery
China will soon collect neutrino data, aiming to unravel one of particle physics' biggest mysteries.
Millions in Cuba still without power as major outage persists
Millions of Cubans remain without electricity because of a prolonged outage at the main power plants on the island, Anadolu Agency reported.
Surge in Gaza violence increases famine risk, monitor says
About 1.84 million people across the besieged Palestinian enclave are living through high levels of acute food insecurity.
Israel pounds Beirut and Gaza after rockets hit Israel's north
A drone was launched at Prime Minister Benjamin Netanyahu's holiday home.
Elon Musk promises to award $1 mil each day to a signer of his petition
He awarded a $1 million check to an attendee of his event in Pennsylvania aimed at rallying supporters behind Donald Trump.
Former special forces commander Prabowo to take up Indonesian presidency
Indonesia's Prabowo Subianto will take over as president of the world's third-largest democracy after sweeping the country's election with policies like free meals for school children
Father of Malaysian Islamic banking, Abdul Halim Ismail passes away
His dedication and pioneering spirit played an important role in shaping the journey of Bank Islam as well as leaving a lasting impact on the development of Malaysia's Islamic finance industry.
Zayn Malik postpones US tour dates after One Direction bandmate Liam Payne's death
Payne, 31, died on Wednesday after falling from a third-floor hotel room balcony in Buenos Aires, shocking fans of the boy band.
Why voters in a handful of swing states will decide the US presidential election
The contest will almost certainly be decided by just tens of thousands of voters a tiny fraction of the populace in a handful of states.
INSIGHT - Sudan's war risks 'lost generation' of children
A devastating crisis is unfolding in Sudan, where the most vulnerable members of society children are bearing the brunt of the violence.
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.
Trump says he would impose tariffs on China if China went into Taiwan
Republican presidential candidate Donald Trump said he would impose additional tariffs on China if China were to "go into Taiwan,"
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.