RM100m suit: Khairy succeeds in including specific apex court rulings

Youth and Sports Minister Khairy Jamaluddin on Monday succeeded in his bid to include specific findings of the Federal Court with regard to Datuk Seri Anwar Ibrahim's sodomy case, in a defamation suit.

Court of Appeal president Tan Sri Md Raus Sharif chairing a five-panel Federal Court bench allowed Khairy's appeal to amend his statement of defence in a suit filed by Anwar.

In a unanimous ruling, Justice Md Raus set aside the decision by the Court of Appeal and High Court which dismissed Khairy's appeal and application to amend his statement of defence.

In granting Khairy's appeal, the judge said a defence of 'partial justification' was available in civil suits in Malaysia.

Other judges in the panel were Tan Sri Ahmad Maarop, Datuk Ramly Ali, Tan Sri Jeffrey Tan Kok Wha and Datuk Seri Abu Samah Nordin.

Khairy was represented by Tan Sri Muhammad Shafee Abdullah while Anwar, by Datuk Sulaiman Abdullah.

Outside the court, Muhammad Shafee told reporters that the parts that Khairy could include in his defence was on express opinion of the Federal Court in Anwar's Sodomy Case I, on Sept 2, 2004.

On March 7, 2008, Anwar sued Khairy seeking RM100 million in damages, alleging that the latter, as then UMNO Youth deputy chief, had uttered defamatory words and allowed them to be posted on websites.

One of the postings was allegedly a video clip titled, 'Anwar and kin no threat', in Malaysiakini.com.

Anwar claimed that the video clip contained defamatory words allegedly uttered by Khairy at a 'ceramah' (talk) in Lembah Pantai on or about Feb 20, 2008.

Khairy in his statement of defence filed on Oct 8, 2010, said he relied on the defence of justification and qualified privilege.

On Oct 9, 2013, the High Court dismissed Khairy's application to amend his statement of defence in the suit.

The Court of Appeal also rejected Khairy's appeal against the High Court ruling on Aug 20, 2014 and subsequently on Oct 20, the same year Khairy obtained for leave to appeal from the Federal Court.

The suit has yet to be tried at the High Court.