Datuk Seri Anwar Ibrahim
KUALA LUMPUR: The High Court here today allowed an application by Datuk Seri Anwar Ibrahim to expunge paragraphs on his corruption and sodomy convictions in the statement of defence filed by Utusan Melayu (M) Bhd in a defamation suit filed by the former Opposition Leader.
The suit was over an allegation linking his involvement in corruption involving the judiciary and the Attorney-General’s Chambers.
Judge Datuk John Louis O’hara allowed the application on grounds that convictions for criminal offences should not be raised in a civil proceeding.
He said the High Court was bound by the Court of Appeal’s decision on May 29, 2015 which allowed Anwar’s application in a defamation suit he filed against Senator Datuk S.Nallakarupan for his sodomy conviction in 1998 to be expunged in the statement of defence.
He said the decision was made based on Section 43 of the Evidence Act which prevented conviction for previous criminal offences from being raised in civil proceedings.
O’hara then ordered Utusan Melayu to pay cost of RM2,500 to Anwar. Anwar had applied to strike out paragraphs on his conviction in a corruption case in 1999 and a sodomy case in 2015 in the defence statement by Utusan Melayu.
On Oct 15 last year, Anwar, 69, as the plaintiff, filed a suit naming former Permatang Pauh Barisan Nasional candidate Dr Mazlan Ismail as the first defendant, as well as TV3 and Utusan Melayu as the second and third defendant, respectively.
Anwar claimed that Mazlan had caused TV3 to broadcast the slanderous words which were aired via ‘Buletin Utama’ at 8pm, on Aug 2, 2013 besides claiming that Mazlan had caused the slanderous words to be published by the newspaper, Utusan Malaysia dated Aug 3, 2013.
He claimed that Mazlan held a media conference that contained the slanderous words.
Anwar claimed that the slanderous words were serious and had malicious intent which carried the meaning that he was an unethical person, involved in corruption, indulged in activities with criminal element, insincere and immoral.
He is seeking general, aggravated and exemplary damages, as well as an injunction order refraining the defendants from repeating or reproducing the slanderous words. Bernama