Social activist Marina Mahathir today obtained a
stay of her defamation suit against the leaders of Ikatan Muslimin
Malaysia (Isma) leaders.
This follows the Court of Appeal unanimously allowing a stay of the hearing in the High Court in Kuala Lumpur, which was scheduled to hear the matter from today.
Marina
sought the order as she wants Isma leaders who accused her of being the
person behind Comango, to testify first in her defamation suit against
them rather than she testify first, as normal in civil suits.
Comango is a coalition of Malaysian non-governmental organisations on the Universal Periodic Review on Human Rights.
"As they had accused her of being the person behind Comango, they should testify first, to prove their allegation," said Marina’s lawyer Nitin Nadkarni.
Nitin also told the appellate court that Isma leaders had earlier stated in their statement of defence agreeing that they had made the allegation. However, subsequently in their amended defence statement, they retracted it.
Hence, he said the burden of proof is on Isma to prove their allegation.
Justice Zaharah Ibrahim, who chaired a three-member panel together with Justices Mohd Ariff Mohd Yusof and David Wong Dak Wah, agreed to allow the stay.
Following this, the Court of Appeal fixed June 24 for the case management to hear Marina's appeal for Isma leaders to testify first.
'Published with malice'
In the High Court in Kuala Lumpur earlier, Justice Rosilah Yop had disagreed with Marina’s lawyers and ordered the hearing fixed for today to go on.
Marina filed the defamation suit in January and named Isma's president Abdullah Zaik Abd Rahman (left) and 15 members as defendants.
This follows the publication and distribution of 70,000 copies of a leaflet titled `Dalang di sebalik Comango' with Marina's photograph last November that said she is the mastermind behind Comango.
Marina, admitted she is a Sisters in Islam board member, but claimed no role in Comango. She claimed that the leaflet was published with malice and that its content is false and defamatory.
The leaflets, which named other leaders as well, were widely distributed in mosques in the Klang Valley, Seremban, Malacca, Samarahan (Sarawak), Kuantan and Kuala Terengganu.
Marina, the eldest of former prime minister Dr Mahathir Mohamad's children, had sought a retraction from Isma on the claim made in the leaflets. Its failure to do so resulted in this legal action.
She said the leaflets had tarnished her reputation, lowered her esteem in society, and made her subject to ridicule and scorn.
This follows the Court of Appeal unanimously allowing a stay of the hearing in the High Court in Kuala Lumpur, which was scheduled to hear the matter from today.
Marina
sought the order as she wants Isma leaders who accused her of being the
person behind Comango, to testify first in her defamation suit against
them rather than she testify first, as normal in civil suits.Comango is a coalition of Malaysian non-governmental organisations on the Universal Periodic Review on Human Rights.
"As they had accused her of being the person behind Comango, they should testify first, to prove their allegation," said Marina’s lawyer Nitin Nadkarni.
Nitin also told the appellate court that Isma leaders had earlier stated in their statement of defence agreeing that they had made the allegation. However, subsequently in their amended defence statement, they retracted it.
Hence, he said the burden of proof is on Isma to prove their allegation.
Justice Zaharah Ibrahim, who chaired a three-member panel together with Justices Mohd Ariff Mohd Yusof and David Wong Dak Wah, agreed to allow the stay.
Following this, the Court of Appeal fixed June 24 for the case management to hear Marina's appeal for Isma leaders to testify first.
'Published with malice'
In the High Court in Kuala Lumpur earlier, Justice Rosilah Yop had disagreed with Marina’s lawyers and ordered the hearing fixed for today to go on.
Marina filed the defamation suit in January and named Isma's president Abdullah Zaik Abd Rahman (left) and 15 members as defendants.This follows the publication and distribution of 70,000 copies of a leaflet titled `Dalang di sebalik Comango' with Marina's photograph last November that said she is the mastermind behind Comango.
Marina, admitted she is a Sisters in Islam board member, but claimed no role in Comango. She claimed that the leaflet was published with malice and that its content is false and defamatory.
The leaflets, which named other leaders as well, were widely distributed in mosques in the Klang Valley, Seremban, Malacca, Samarahan (Sarawak), Kuantan and Kuala Terengganu.
Marina, the eldest of former prime minister Dr Mahathir Mohamad's children, had sought a retraction from Isma on the claim made in the leaflets. Its failure to do so resulted in this legal action.
She said the leaflets had tarnished her reputation, lowered her esteem in society, and made her subject to ridicule and scorn.
No comments:
Post a Comment