Tun Mahathir Succeeds In Striking Out Anwar's Defamation Suit

KUALA LUMPUR, July 4 (Bernama) -- Former prime minister Tun Dr Mahathir Mohamad Wednesday succeeded in his bid to strike out the defamation suit brought by Datuk Seri Anwar Ibrahim for accusing the latter of being homosexual at a conference organised by the Malaysian Human Rights Commission (Suhakam), after the High Court here allowed his application.
Judicial Commissioner Datuk Tengku Maimon Tuan Mat in her decision ruled that Anwar's suit against Dr Mahathir was unsustainable.
Last Jan 5, Dr Mahathir had applied to strike out Anwar's defamation suit claiming that it was scandalous, frivolous or vexatious.
On Jan 26, 2006, Anwar filed the defamation suit against Dr Mahathir claiming that Dr Mahathir's remarks were highly defamatory.
In his statement of claim, Anwar said that Dr Mahathir was fully aware that his remarks were mainly aimed at humiliating him in his personal and official capacity as former finance and deputy prime minister and that they would be published in the local and foreign media.
Besides general and exemplary damages, Anwar was also seeking an injunction to stop Dr Mahathir or his agents from uttering or publishing such remarks in future.
Dr Mahathir, in his statement of defence, said he relied on qualified privilege as former prime minister in making his statement.
He said the remarks were made at a conference organised by Suhakam where qualified privilege was applicable as spelt out in the Defamation Act 1957.
Dr Mahathir also said that the Sept 9, 2005 remarks were made in the interest of the public and it was his moral duty to inform of Anwar's misconduct.
She said the 1999 defamation action was struck out by the High Court on the ground that it was obviously unsustainable having considered the convictions of Anwar's adopted brother, Sukma Darmawan Sasmitaat Madja, and Anwar's former speech writer, Munawar Anees, as well as the defences of justification and qualified privilege.
"The plaintiff's appeal to the Court of Appeal was dismissed. Leave to appeal to the Federal Court against the decision also was refused.
"Having regard to the judgement of the High Court, the Court of Appeal and the Federal Court in the 1999 defamation suit, the defences of justification and qualified privilege are similarly available to the defendant here," she said.
Tengku Maimon said although Sukma's conviction had since been set aside, there was a judicial finding that Anwar had indeed taken part in homosexual acts.
She said the finding was made by the High Court whereby Anwar was convicted on the charge of sodomosing his former family driver, Azizan Abu Bakar, and this conviction was upheld by the Court of Appeal and although a further appeal was allowed by the Federal Court by a majority decision.
Tengku Maimon said that in so far the argument of Anwar's counsel on Munawar Anees's confession was concerned, the same had in fact been raised and dealt with in the 1999 defamation action which fortified the issue of estoppel.
"Hence, given the background facts of the case and the judgements referred to the above, it is apparent that the defences are bound to succeed. No purpose would have been served in insisting that the defences be proven at a full trial," she said.

tunku : hahahahahha, what say anwar