KUALA LUMPUR — June 1, 2018: Damansara Member of Parliament Tony Pua is questioning a judicial notice by the Court of Appeal that former prime minister Datuk Seri Najib Razak did not commit wrongdoing in relation to 1Malaysia Development Berhad.
Lawyer Tan Ch’eng Leong for Pua said his client will be raising the judicial notice in filing for leave to appeal at the Federal Court against the interim injunction obtained by Najib in his suit against Pua in connection with a video clip involving the tabling of amendments to the Syariah Courts (Criminal Jurisdiction) Act or RUU355.
“The judicial notice is being questioned because it involves public interest and can affect other cases. My client’s appeal will be heard by the Federal Court on June 20,” Tan said after Najib’s suit against Pua came up for case management in High Court Judge Datuk Mohd. Zaki Abdul Wahab’s chambers today.
Zaki fixed June 28 for further case managemen. Present was lawyer Nor Hazira Abu Haiyan for Najib.
On February 14, the Court of Appeal had dismissed Pua’s appeal to strike out the interim injunction awarded to Najib, which prohibited Pua from continuing to publish statements and air the clip alleged to be defamatory to Najib.
The three-man bench said the court considered the judicial notice that said Najib had not committed wrongdoing and also took cognisance that the case had been fully probed by the Public Accounts Committee.
According to the panel, investigations were also conducted by the Malaysian Anti-Corruption Commission, Police, Bank Negara and the Attorney-General’s Chambers, whereby the AG had made a public announcement that Najib had not committed any offence.
On August 4 last year a High Court allowed an application by Najib to get the interim injunction to prevent Pua from continuing to make statements and air the video clip.
On April 21, 2017, Najib had in his personal capacity sued Pua, claiming that the latter had defamed him in a live video broadcast in relation to RUU355.
In his affidavit, Najib claimed that Pua had made a statement at the Parliament lobby on April 6, 2017, which was recorded and uploaded by the defendant or his agents at Pua’s official Facebook account. — Bernama