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KUALA LUMPUR – Umno president Datuk Seri Ahmad Zahid Hamidi’s attempt to obtain an interim injunction against former prime minister Tan Sri Muhyiddin Yassin subject to the outcome of his defamation suit failed after the high court here dismissed his application today.
Judge Datuk Rozana Ali Yusoff ruled that the issues raised by the parties were matters that could be decided and disposed of during the trial.
Zahid’s lawyer, Baharudeen Mohamed Ariff said that Rozana also awarded RM5,000 in costs to Muhyiddin, who was represented by lawyers DP Naban, Rosli Dahlan, Amiratu Al Amirat, Chetan Jethwani and Ivy Shu during an online proceeding.
“The court fixed case management on October 3 for the parties to prepare for the trial,” he was quoted as saying.
Baharudeen had appeared with Shahrul Fazli Kamarulzaman and Aina Dalila Daman Huri representing Zahid.
Meanwhile, Rosli said the judge dismissed the application as Zahid was unable to demonstrate that the allegations made against him by Muhyiddin were “patently false”.
Zahid, who is also Bagan Datuk MP, filed the suit on April 4 following Muhyiddin’s public statement claiming that the former had asked him to intervene in his ongoing court cases.
The sole defendant in the suit, Muhyiddin, had allegedly made the claims during the Johor election campaign.
Additionally, Muhyiddin’s statements were corroborated by PAS president Tan Sri Abdul Hadi Awang, Bersatu supreme council member Datuk Seri Azmin Ali and Umno’s Pasir Salak MP Datuk Seri Tajuddin Abdul Rahman, which means the defences raised can be justified.
In the suit filed on April 4, Zahid is seeking an ex-parte injunction for Muhyiddin or his representative to withdraw the defamatory statements or similar defamatory statements against him.
He is also seeking an interim injunction for the defendant to delete, edit and stop the publication of part of the video footage, which contained the defamatory statement in online news portals and social media, including on the Perikatan Nasional Facebook page, Astro Awani YouTube channel and KiniTV.
According to the statement of claims, Zahid, 69, stated that on October 19, 2018, he was charged at the sessions court here with 12 counts of breach of trust, eight counts of corruption, and 27 counts of money laundering, all of which were tried in the high court.
He claimed that on February 16, during the 15th Johor election campaign trail in Mersing, at the Sentuhan Kasih Felda Tenggaroh 3 learning centre compound, Muhyiddin had made a defamatory statement with ill intention and malice against him.
On the same day, he said, the video footage of the defamatory statement was published on Astro Awani’s YouTube channel, which is managed by Astro Awani.
The video, which lasted two hours, 35 minutes and eight seconds can be accessed on the Internet, he claimed.
The Bagan Datuk MP claimed that Muhyiddin’s statement implied that he had used a shortcut to settle and postpone his ongoing court cases, that he had asked for Muhyiddin’s help to intervene in the court cases and the judiciary system, to order the dissolution of the Johor assembly and implied that he was not a respectable and exemplary leader.
Zahid claimed that the allegations were false and aimed at tarnishing his good name and reputation and that it was made by the defendant after the Election Commission’s announcement on the Johor election.
He is seeking general, aggravated and exemplary damages, as well as an order for Muhyiddin to publish a public apology in newspapers, and other reliefs and costs deemed fit by the court. – The Vibes, August 8, 2022