PUTRAJAYA: Former federal territories minister Khalid Abdul Samad (pic) has failed in his bid for leave to proceed with his appeal at the Federal Court against a Court of Appeal decision setting aside RM80,000 in damages awarded to him for defamation.
A Federal Court three-member panel comprising Justices Tan Sri Rohana Yusuf, Datuk Harmindar Singh Dhaliwal and Datuk Mohamad Zabidin Mohd Diah dismissed Khalid's appeal in online proceedings on Monday (Oct 17) and ordered him to pay RM30,000 in costs.
Justice Rohana, who led the panel, said the court had considered all submissions and found that Khalid's application did not meet the requisite condition to be given leave.
Khalid had sued former Malaysia Islamic Strategic Research Institute (Iksim) chief executive officer Prof Datuk Mahamad Naser Disa for defamation over the Syariah Courts (Criminal Jurisdiction) (Amendment) Bill 2016 or RUU355.
On July 17, 2019, the High Court ruled in Khalid's favour and ordered Mahamad Naser to pay him RM80,000.
On Jan 28 this year, the Court of Appeal allowed Mahamad Naser's appeal to set aside the High Court's decision, prompting Khalid to file for leave to pursue his appeal to the Federal Court.
Khalid filed a suit against Mahamad Naser in December 2017 claiming that he (Mahamad Naser) made malicious statements against him in a seminar organised by the Selangor Islamic Religious Department (JAIS) on Sept 28, 2017 at the Tengku Ampuan Jemaah Mosque, Bukit Jelutong in Shah Alam.
Khalid claimed that Mahamad Naser had, in a lecture titled "Discourse on current issues and Selangor state legislation: Doctrine: Challenges and Constitution", had among other matters stated that Khalid was strongly against RUU355, against the implementation of Islamic law including hudud, and opposed efforts to empower the Syariah Courts.
High Court Judicial Commissioner Rohani Ismail, who found for Khalid in her decision, held that the court found no evidence indicating that he had issued a statement he was against RUU355.
Khalid was represented by lawyer Muhammad Faiz Fadzil while Datuk Hasnal Rezua Merican acted for Mahamad Naser. – Bernama
