Friday 19 Apr 2024
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KUALA LUMPUR (March 12): The High Court has set May 24 to hear an application from Prime Minister Tan Sri Muhyiddin Yassin for an inter parte injunction, as well as an application from Umno Supreme Council member Datuk Dr Puad Zakarshi to set aside an earlier ex parte injunction that prohibits him from repeating the contents of an allegedly defamatory Facebook post.

Justice Datuk Mohd Firuz Jaffril also granted an interim injunction until the court decides on inter parte hearings in the legal suit by Muhyddin against Puad over the social media posting.

Muhyiddin was represented in court today by lawyer Rosli Dahlan while Puad was represented by Rajasingam Gothandapani.

On March 1, Justice Firuz granted an ex parte injunction which restrains Puad or his agents from posting, publishing or repeating the alleged defamatory words which he posted on Facebook titled "There are two levels of quarantine".

Today was the follow-up inter partes injunction application, which is supposed to be heard 14 days from the ex parte injunction.

With the granting of the ad interim injunction, Puad now has to refrain from posting, publishing or repeating the alleged defamatory words until the case is set aside.

Speaking to the media after the court set the date for hearing, Rajasingam said his client did not want to appeal against the injunction and was willing to wait for the court’s decision.

Muhyiddin’s suit named Puad as the sole defendant, and is seeking general, exemplary and aggravated damages.

The premier is also seeking an apology to be posted on Puad's Facebook and also other news outlets that carried the news.

On Feb 16, Muhyiddin through his lawyers had issued a letter of demand asking Puad to pay RM10 million in compensation along with a retraction and an apology for posting the article.

Muhyiddin said Puad's posting implied that the premier refused to be quarantined after his official visit to Jakarta and that is the reason the health minister issued a new order via a federal gazette that Cabinet ministers who return from official visits abroad only need to undergo three days of quarantine.

It also meant that Muhyiddin had abused his power as the prime minister to obtain preferential treatment under the law or under the movement control order, the letter mentioned.

Such statements, the premier’s lawyers claimed, seriously injured his integrity, credit, goodwill and reputation and eroded the confidence of the public in him.

“It further caused our client to be brought to public scandal, odium, contempt and disrepute, and significantly prejudiced him,” they added.

Muhyiddin had on Feb 9 issued a statement from the Prime Minister's Office to clarify that he was given an observation and home surveillance order and was fitted with a surveillance bracelet and was observing quarantine at home.

Puad eventually removed the controversial Facebook post, after initially refusing to do so.

In letters sighted by theedgemarkets.com from Muhyiddin's lawyers dated March 5 to Puad's lawyers, Muhyiddin's lawyers are moving ahead with the contempt of court proceedings against Puad for not removing the post immediately.

This, they said, had disrupted the administration of justice as the words in the ex parte order gained on Monday and sent to them that same night are clear.

"If you were uncertain as to the meaning of the phrase 'causing/or continuing to publish, post, share, republish' which is stated in the injunction order you should have sought clarification from us.

"Instead your client continued the publication of the impugned post. This act on the part of your client is contemptuous. Our client considers your client's act is in breach of the order and undermining the administration of justice," one of the letters read, and that Puad has to purge his contempt despite having removed the post.

"Unless he apologises to court in unequivocal terms, our instructions are to initiate contempt proceedings against your client. We hope your client will apologise within 24 hours," the letter stated.

Edited ByLam Jian Wyn
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