KUALA LUMPUR: Former Community Communications Department (J-Kom) assistant officer Abdul Wahab Abdul Kader Jilani has failed to obtain an injunction to stop Badrul Hisham Shaharin, or Chegubard, from making statements on a viral video.
High Court Judicial Commissioner (JC) Roz Mawar Rozain dismissed Abdul Wahab’s application after ruling that there was no real risk for Badrul to repeat the alleged defamatory statement.
She also dismissed Abdul Wahab’s application for a court order to compel Badrul to erase a Facebook posting on the video, allegedly of a lewd conversation involving Abdul Wahab and former J-Kom director-general Datuk Mohammad Agus Yusoff.
According to Roz Mawar, Abdul Wahab had failed to satisfy strict prerequisites under Order 29 of the Rules of Court 2012.
“The plaintiff did not satisfy the burden of proof in proving that the statement was defamatory before this court even considers the defence raised by the defendant,” she said here on Monday.
Roz Mawar also ordered Abdul Wahab to pay RM10,000 in costs to Badrul.
The court then fixed June 4 for Badrul to file his defence against Abdul Wahab’s claims, June 18 for the plaintiff to file his response, and case management on July 3.
Trial dates have been fixed for three days, Sept 2, 3 and 4, next year.
On Dec 22, 2023, Abdul Wahab filed a lawsuit against Badrul for allegedly defaming him.
He is seeking RM5mil in aggravated and exemplary damages, as well as general damages in an amount deemed fit by the court.
