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Muhyiddin's bid to extend injunction over Puad's allegedly defamatory statement fails
2021-11-26 00:00:00.0     星报-国家     原网页

       

       KUALA LUMPUR: The High Court has dismissed an application by Tan Sri Muhyiddin Yassin to prolong an injunction to restrain Umno supreme council member Datuk Dr Mohd Puad Zarkashi from republishing alleged defamatory statements over a quarantine order involving Muhyiddin on Mohd Puad's Facebook account.

       High Court judge Justice Mohd Firuz Jaffril made the dismissal as the impugned statement had already been removed from Mohd Puad's Facebook account.

       At the same time, the court also dismissed Mohd Puad's application to set aside the ad interim injunction that Muhyiddin had previously obtained against him.

       The judge said there was no need for the court to deal with the application as it had already lapsed and that the alleged defamatory statement was no longer online.

       Justice Mohd Firuz also said that the court still has the power to award damages.

       As for the defendant (Mohd Puad), the judge said he could still prove his case to the court during the trial.

       Muhyiddin was represented by lawyers Datuk DP Naban and Rosli Dahlan while Mohd Puad's lawyers were G. Rajasingam and Shahrul Fazli Kamarulzaman.

       The court has fixed Dec 9 for case management.

       On March 1, Muhyiddin filed a writ of summons and applied for an injunction to restrain Mohd Puad, as the defendant, or his agent, representative or anyone from republishing, reposting and resharing the allegedly defamatory statements on Mohd Puad's Facebook account.

       Muhyiddin filed the application on grounds that the statements by Puad were false, defamatory and had tarnished the reputation and good name of the then-prime minister, locally and internationally.

       Muhyiddin, who filed the writ of summons and statement of claim in his personal capacity, claimed that on Feb 9, Puad had published the post on Facebook under the name of "Dr Puad Zarkashi".

       Muhyiddin claimed that the post could be accessed by Internet users across the world and had received 1,200 reactions, 215 comments and 182 shares.

       Muhyiddin claimed that following the defendant's post, the defamatory statements had also been published by several news portals, including Sinar Harian and MalaysiaGazette, and that the defendant had, on Feb 19, made another post on his Facebook page after the then-prime minister sent a legal letter demanding a public apology and compensation of RM10mil.

       Muhyiddin is seeking general, exemplary and aggravated damages as well as an order for the defendant to issue a public apology according to the terms to be determined by the plaintiff.

       Mohd Puad complied with the interim court injunction obtained by Muhyiddin then by taking down his Facebook post.

       


标签:综合
关键词: Muhyiddin     injunction     defendant     Mohd Puad's application     Mohd Puad     alleged defamatory statements     court     Facebook    
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