PUTRAJAYA: Senator S.Nallakaruppan can proceed to appeal to the Federal Court against a High Court’s decision which held him liable for defamation after striking out his defence in Datuk Seri Anwar Ibrahim’s RM60 million defamation suit.
A five-member panel chaired by Court of Appeal president Tan Sri Md Raus Sharif granted leave to Nallakaruppan to appeal the High Court’s decision to the Federal Court.
Also presiding on the panel were Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin, Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum and Federal Court judges Tan Sri Ahmad Maarop and Datin Paduka Zaleha Zahari.
Justice Raus allowed Nallakaruppan’s application on two legal questions to be determined by the Federal Court.
The questions relate to whether providing insufficient better and further particulars could amount to striking out of the defence.
Anwar filed the suit on Aug 25, 2008 over alleged derogatory remarks made by Nallakaruppan in an article, “Anwar terima RM60 juta” (Anwar receives RM60 million) which was published in the Mingguan Malaysia and Sinar Harian newspapers in August, 2008.
On June 19, 2012, the High Court found Nallakaruppan, who is president of the Malaysian Indian United Party (MUIP), liable of making defamatory statements against the opposition leader.
High Court judge Datuk Su Geok Yiam had made the ruling after allowing Anwar’s application to strike out Nallakaruppan’s defence.
Anwar applied to strike out Nallakaruppan’s statement of defence as he claimed the latter failed to furnish better and further particulars on his allegations against Anwar, as directed by a court order issued on Aug 28, 2009.
The High Court then directed Nallakaruppan to pay damages to Anwar, to be assessed by the deputy registrar.
Nallakaruppan filed an application for leave to appeal to the Federal Court after he lost his appeal at the Court of Appeal in January this year to set aside the High Court’s order.
Nallakaruppan was represented by lawyer Datuk Seri Muhammad Shafee Abdullah and Anwar, by lawyer R.Sivarasa. — Bernama