Court of Appeal affirms decision to dismiss suit

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KUCHING: The Court of Appeal here yesterday affirmed the High Court’s decision to dismiss a defamation suit filed by social activist Zulhaidah Suboh.

Zulbaidah, who is also a Parti Keadilan Rakyat (PKR) member, filed the suit against the state government, Home Ministry and police officers following her arrest at the Miri Airport on July 4, 2011.

At 1.45pm on July 4, she was wearing a yellow T-Shirt upon her arrival at the airport from Kuching after visiting a relative there.

She was detained in a lockup for four days and three nights at Miri police station and subsequently charged in the Sessions Court for promoting the Bersih rally by wearing the shirt.

She appeared before a magistrate who discharged her after the prosecution applied to withdraw the case.

Zulhaidah, who was represented by defence counsel Dominique Ng, later filed the suit and the presiding Sessions Court in Miri had allowed the suit and awarded her RM48,000 in damages and RM10,000 as cost for the defence.

The defendants appealed against the decision in the High Court, which was allowed and the suit was dismissed.

Yesterday was her final bid to win back the suit.

In an unrelated case, the court also dismissed an appeal made by a Muslim woman who wished to renounce her religion.

In a unanimous decision, the judges rejected the appeal made by Syarifah Nooraffyza Wan Hosen with no order for cost.

The appellant named Sarawak Islamic Department, director-general of National Registration, state Islamic Council and the state government as the defendants.

Previously, her application made in the High court was also dismissed.