Anwar's defamation suit struck out

Anwar’s lawyer slams dismissal of Anwar’s suit against Anifah

By Boo Su-Lyn

January 06, 2011

KUALA LUMPUR, Jan 6 — Datuk Seri Anwar Ibrahim’s lawyer said today it was “absurd” for the High Court to dismiss the opposition leader’s RM100 million defamation suit against Foreign Minister Datuk Anifah Aman.

Sankara Nair claimed that today’s court decision gave ministers complete freedom to defame others.

“The decision gives any minister a carte blanche to defame anyone and be ‘immune’ to defamation suits,” said Sankara in a statement today.

“An absurd decision today and worse still with no reasons given,” he added.

Earlier this morning, the High Court here dismissed with costs Anwar’s suit against Anifah.

Judge Datuk John Louis O’Hara did not give any reason when he delivered his ruling.

Anwar (picture) had sued Anifah for allegedly saying at a joint news conference with US Secretary of State Hillary Clinton in Washington on May 16, 2009 that Anwar had offered him the post of deputy prime minister in the event the PKR leader managed to capture Putrajaya on September 16, 2008.

Anwar also claimed that Anifah had defamed him by saying that he had attempted to buy over MPs and was tarnishing the country’s image.

Today however, Anifah’s lawyer Datuk Seri Dr Muhammad Shafee Abdullah said his client could not be held liable for defamation as the minister did not authorise the publication of his remarks at the press conference.

“Anifah said ‘And also, just for the info of the audience’. Then, (there is) the quotation of the impugned statement,” said Shafee at the High Court this morning.

“So you see, the minister made it clear that he is not authorising his statement to be recorded,” he added.

Anifah’s alleged remarks at the press conference in the US capital had been published by local English daily The Star on May 16, 2009.

Anwar had sued Anifah in his personal capacity as well as that of foreign minister, and the Malaysian government.

Sankara further noted that most of the Permatang Pauh MP’s defamation suits against ministers had failed to get full trials.

“Lately, there is a disturbing trend in DSAI’s defamation suits, especially when it involves ministers and VVIPs. They get away at a very early stage of the suit, before a trial in court,” said Sankara.

Last year, Umno Youth chief Khairy Jamaluddin also successfully set aside the RM100 million judgment-in-default Anwar had obtained against him for defamation in 2008.

Anwar had sued Khairy for allegedly implying that he was involved in activities contradictory to Islam, did not have good character and was unfit to hold political office.

In 2007, the High Court here also struck out Anwar’s RM100 million defamation suit against former Prime Minister Tun Dr Mahathir Mohamad.

The former deputy prime minister had sued Dr Mahathir for calling him a homosexual and saying he was thus unfit for office.

Anwar’s previous defamation suit against Dr Mahathir in 1999 had also been dismissed.

Today, Shafee and Amarjeet Singh, who represented the Malaysian government, asked for a minimum of RM50,000 in costs.

Sankara’s disagreement with the amount led the judge to allow the costs to be taxed instead.

“Another disturbing trend lately is to not only strike out at the interlocutory (early) stage, but also to impose hefty and punitive costs on DSAI (to be paid to the other side),” said Sankara in his statement, using Anwar’s initials.

“This is to serve as a deterrent on DSAI from filing similar suits in future. How then will DSAI ever get justice?” he added.

TMI