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Wednesday, December 23, 2009

March 1 Hearing For Anwar's Motion To Appeal Over RM100 Million Defamation Suit

PUTRAJAYA, Dec 23  09  |   Bernama


-- The Federal Court here has fixed March 1 next year to hear Datuk Seri Anwar Ibrahim's motion for leave to appeal against the dismissal of his RM100 million defamation suit against former prime minister Tun Dr Mahathir Mohamad.


Deputy Registrar Jumirah Marjuki fixed the date in chambers on Wednesday.


Anwar wants the court to determine three issues, including on whether the Court of Appeal, in view of the present state of law which abhors technicalities, can nevertheless decline to exercise its discretion in favour of ensuring that the procedural technicalities do not defeat substantive rights.


"The decision of the Court of Appeal raises novel and important questions of law decided for the first time, and I state that further argument and a decision by the Federal Court would be an advantage to the public," Anwar said in his sworn affidavit.


On Oct 10, this year, Appeal Court judge Datuk Abdul Malik Ishak, who sat with Justices Datuk Azhar Ma'ah and Datuk Syed Ahmad Helmy Syed Ahmad, dismissed Anwar's suit on the grounds that the memorandum of appeal filed by Anwar in the English language was defective, invalid and an abuse of the process of the court.   read all