PUTRAJAYA: Khairy Jamaluddin has dropped his legal battle in the Federal Court to reverse a lower court’s findings that he is liable for defaming Anwar Ibrahim over a “main belakang” statement made at a political rally 14 years ago.
A three-member bench chaired by Nallini Pathmanathan today struck out the former Umno Youth leader’s two separate applications to obtain leave to set aside a Court of Appeal ruling delivered in February.
The other judges were Zabariah Mohd Yusof and Rhodzariah Bujang.
Khairy’s solicitor, Messrs Shafee & Co, wrote to the Federal Court last month on the withdrawal and asked Anwar’s lawyers to waive costs.
Lawyer Sarah Abishegam, who appeared for Khairy today, offered costs of RM2,000 for both applications.
However, Gopal Sri Ram, representing Anwar, asked for RM10,000 as they had filed an affidavit in reply in response to Khairy’s leave applications.
“We also attended two case managements,” he said in the proceeding conducted online.
The bench then ordered Khairy to pay RM10,000 in costs to Anwar, now the opposition leader.
The Court of Appeal had earlier affirmed the High Court ruling that Khairy was liable for defamation, and the RM150,000 in damages awarded to Anwar.
Justice Darryl Goon, who delivered the ruling, said the defence put up by Khairy to defeat Anwar’s suit had failed.
He said the defence of justification and qualified privilege were not made out.
The bench, also consisting of Lee Swee Seng and Ghazali Cha, dismissed Khairy’s appeal to include the defence of fair comment to challenge the suit.
Anwar was also awarded RM60,000 in costs.
Khairy, who is now the health minister, made the remarks during a ceramah at Lembah Pantai during the 2008 general election campaign.
Sri Ram had submitted that Khairy defamed Anwar in front of a Malay crowd by depicting him as a homosexual and a person of low morals.
“Khairy was addressing a crowd who understood the context in which the reference against Anwar was made,” he had said.
In his statement of claim, Anwar said Khairy had uttered that the then opposition coalition comprising PAS, DAP and PKR “are in a mutaah marriage as practised by the Shia sect”.
“They marry at night and divorce the following day to legitimise a vice. PAS plays DAP from the left and DAP plays PAS from the right. Anwar plays both from the back,” he had quoted Khairy as saying.
He said Khairy was also addressing a Muslim crowd who belonged to the Shafi’i sect and reference was made to the Shia sect, which was regarded as a deviant group in the country.
Lawyer J Leela, who appeared with Sri Ram in the case, said Khairy has so far only paid RM10,000 in costs though ordered to pay RM60,000.
“I will get instruction from Anwar whether to claim the balance,” she said, adding that Khairy had settled the damages and costs awarded in the High Court.
