KUALA LUMPUR: The Court of Appeal has allowed an application by Tun Dr Mahathir Mohamad to strike out Datuk Seri Anwar Ibrahim’s appeal on his RM100mil defamation suit against the former Prime Minister.
This means that Anwar’s appeal, which was to have been heard on Nov 2 in the Court of Appeal, has been dismissed.
The court’s three-man bench, comprising Justices Abdul Malik Ishak, Azhar Maah and Syed Ahmad Helmy Syed Ahmad, made the unanimous ruling after standing-down for an hour to deliberate on the matter.
“We had anxiously perused through the arguments with a fine-tooth comb and deliberated on the matter thoroughly.
“After applying appropriate and judicious consideration, we are glad to announce we have reached a unanimous decision – the appellant’s appeal is dismissed with costs,” said Justice Abdul Malik.
He added that the full grounds for the judgement would be ready in due course.
Dr Mahathir’s counsel Datuk V.K. Lingam in his submission contended that Anwar’s Memorandum of Appeal, which had only been filed in English, was in “blatant disregard” to provisions in the Federal Constitution, the National Language Act, the Interpretation Act and the Rules of the Court of Appeal.
He also said that the memorandum was invalid as it was not signed by Anwar’s lawyers, was not specifically dated, and that a chronology of events had not been included, among others.
Anwar’s counsel Karpal Singh, however, said that Lingam’s application was suspect, as he did not apply for the court’s permission to submit in English.
“We accept that there are defects but they are not fatal. The courts do not, as days of old, go on the issues of technicalities.
“The case ought to be heard on its merits, and we have enough time to cure the defects. We urge the court to use its discretion,” he said in asking the court to dismiss Dr Mahathir’s application.
On Jan 27, 2006, Anwar filed the suit against Dr Mahathir for allegedly portraying him as a man of no morals and who was dangerous to Malaysian society.
Anwar alleged that Dr Mahathir had publicly uttered such words to journalists at a conference organised by Suhakam on Sept 9, 2005, knowing that he (Anwar) had been acquitted and discharged by the Federal Court on Sept 2, 2004 on charges of sodomy, and also after the Kuala Lumpur High Court had ruled in his favour on Aug 18, 2005 on a defamation suit he had brought against the author of the book 50 Dalil Mengapa Anwar Tidak Boleh Jadi PM.
On Jan 5, 2007, Dr Mahathir filed the application saying that Anwar’s writ of summons and statement of claim should be struck out because it was scandalous, frivolous or vexatious.
The High Court dismissed Anwar’s suit on July 4, 2007, and he subsequently filed his appeal on July 5, 2007, against that decision.
Saturday, October 24, 2009
Dr M is against IJN privatisation
TUN Dr Mahathir Mohamad says the alleged new privatisation plan for the National Heart Institute (IJN) will defeat the purpose why the IJN was set up.
The former premier said this when asked if such a move by the IJN board of directors would undermine
the function of the hospital which was to accord affordable health services.
Dr Mahathir, himself once a patient at IJN, said many people were looking at the profitability of the IJN.
“Some people are being influenced by this,” he said, but added that was not what IJN was set up for.
Dr Mahathir was an instrumental figure in the formation of IJN, which was once part of Kuala Lumpur General Hospital until 1992 when it was corporatised.
IJN provides services for cardiovascular and thoracic health.
A previous privatisation attempt was in December 2008, when it was discovered that Sime Darby Bhd had plans to acquire a 51 per cent stake in IJN Holdings Sdn Bhd, that ran the heart institute.
The plan however failed when there was a huge public outcry and strong opposition from the blogging fraternity, with even Dr Mahathir voicing his disapproval.
The former premier said this when asked if such a move by the IJN board of directors would undermine
the function of the hospital which was to accord affordable health services.
Dr Mahathir, himself once a patient at IJN, said many people were looking at the profitability of the IJN.
“Some people are being influenced by this,” he said, but added that was not what IJN was set up for.
Dr Mahathir was an instrumental figure in the formation of IJN, which was once part of Kuala Lumpur General Hospital until 1992 when it was corporatised.
IJN provides services for cardiovascular and thoracic health.
A previous privatisation attempt was in December 2008, when it was discovered that Sime Darby Bhd had plans to acquire a 51 per cent stake in IJN Holdings Sdn Bhd, that ran the heart institute.
The plan however failed when there was a huge public outcry and strong opposition from the blogging fraternity, with even Dr Mahathir voicing his disapproval.
Wednesday, October 14, 2009
Ong and Chua should resign : Dr M
KUALA LUMPUR: Tun Dr Mahathir Mohamad wants MCA delegates to vote for a clean leader at the party’s extraordinary general meeting.
“Leaders must be as clean as possible. It is not the opinion of one’s supporters that is important. Public acceptance is far more important,” the former prime minister said.
“We have had tainted leaders who appeared to be accepted by the party but the general election results would verify or reject the appearance of support,” he said in an interview with the news portal Malaysian Mirror.
Dr Mahathir was asked for his comments ahead of the MCA EGM, where 2,380 delegates would decide the fate of its two leaders, Datuk Seri Ong Tee Keat and Datuk Seri Dr Chua Soi Lek.
“The MCA may reach greater heights under your leadership but acceptance by Malaysia’s multi-racial voters is more important,” he added.
Dr Mahathir said the winner needed to quickly accommodate those in the losing camp to ensure the party regain its lost strength and be an “attractive” party again for the Chinese community.
“Leaders must be as clean as possible. It is not the opinion of one’s supporters that is important. Public acceptance is far more important,” the former prime minister said.
“We have had tainted leaders who appeared to be accepted by the party but the general election results would verify or reject the appearance of support,” he said in an interview with the news portal Malaysian Mirror.
Dr Mahathir was asked for his comments ahead of the MCA EGM, where 2,380 delegates would decide the fate of its two leaders, Datuk Seri Ong Tee Keat and Datuk Seri Dr Chua Soi Lek.
“The MCA may reach greater heights under your leadership but acceptance by Malaysia’s multi-racial voters is more important,” he added.
Dr Mahathir said the winner needed to quickly accommodate those in the losing camp to ensure the party regain its lost strength and be an “attractive” party again for the Chinese community.
Mahathir and Abdullah To Attend Umno General Assembly
KUALA LUMPUR, Oct 13 (Bernama) -- Former Umno presidents Tun Dr Mahathir Mohamad and Tun Abdullah Ahmad Badawi have confirmed their attendance to the Umno General Assembly's opening ceremony on Thursday.
Umno secretary-general Datuk Seri Tengku Adnan Tengku Mansor told Bernama that the two statesmen had been invited as guests of honour.
He said Abdullah would also be a delegate to the assembly owing to his position as the Kepala Batas Umno division chief.
This will be Abdullah's first Umno general assembly as a guest of honour after relinquishing his posts as party president last March and as prime minister in April.
For Dr Mahathir, this will be his first attendance to the general assembly after rejoining the party in April 4 this year.
Dr Mahathir left Umno on May 19 last year, saying he had lost confidence in the leadership of the party he once led for 22 years.
However, in the Umno General Assembly in March this year, he attended the closing ceremony as a guest.
He rejoined the party shortly after and retained his Umno membership number 0000001 while his wife Tun Dr Siti Hasmah Mohd Ali retained the number 0000002.
Dr Mahathir was once expelled from the party -- on Sept 26, 1969 -- during Tunku Abdul Rahman's tenure for criticising the leadership of the country's first prime minister but was accepted back on March 7, 1972 when Tun Abdul Razak Hussein became the prime minister.
When met at a Hari Raya get-together organised by Police Special Action Force, Dr Mahathir said he would attend the opening ceremony.
He also hoped that Umno would restore confidence among the people and return to its true struggle as spelled out in party constitution.
Asked on Barisan Nasional candidate Tan Sri Mohd Isa Samad's victory in the Bagan Pinang by-election, Dr Mahathir said it should be seen in the larger context of preparing for the 13th general election.
"We should not be overzealous. Don't let this victory lull us into complacency," he said.
Umno secretary-general Datuk Seri Tengku Adnan Tengku Mansor told Bernama that the two statesmen had been invited as guests of honour.
He said Abdullah would also be a delegate to the assembly owing to his position as the Kepala Batas Umno division chief.
This will be Abdullah's first Umno general assembly as a guest of honour after relinquishing his posts as party president last March and as prime minister in April.
For Dr Mahathir, this will be his first attendance to the general assembly after rejoining the party in April 4 this year.
Dr Mahathir left Umno on May 19 last year, saying he had lost confidence in the leadership of the party he once led for 22 years.
However, in the Umno General Assembly in March this year, he attended the closing ceremony as a guest.
He rejoined the party shortly after and retained his Umno membership number 0000001 while his wife Tun Dr Siti Hasmah Mohd Ali retained the number 0000002.
Dr Mahathir was once expelled from the party -- on Sept 26, 1969 -- during Tunku Abdul Rahman's tenure for criticising the leadership of the country's first prime minister but was accepted back on March 7, 1972 when Tun Abdul Razak Hussein became the prime minister.
When met at a Hari Raya get-together organised by Police Special Action Force, Dr Mahathir said he would attend the opening ceremony.
He also hoped that Umno would restore confidence among the people and return to its true struggle as spelled out in party constitution.
Asked on Barisan Nasional candidate Tan Sri Mohd Isa Samad's victory in the Bagan Pinang by-election, Dr Mahathir said it should be seen in the larger context of preparing for the 13th general election.
"We should not be overzealous. Don't let this victory lull us into complacency," he said.
Monday, October 12, 2009
BN's win at Bagan Pinang - expected
KUALA LUMPUR, Oct 11 (Bernama) -- Former prime minister Tun Dr Mahathir Mohamad said he had expected the Barisan Nasional (BN) to retain the Bagan Pinang state seat as it was the coalition's stronghold.
"I am very happy. From the beginning I had predicted we (BN) will win as that is our area. Isa (Tan Sri Mohd Isa Abdul Samad) is strong there and the Indians also supported him.
"I believed he would win although another (BN) candidate would also have won. Now we have to look after other areas.
"We can win in opposition areas," Dr Mahathir told reporters after attending a Hari Raya function organised by the Pusat Bandar Cempaka Umno branch here on Sunday night.
He reminded party members not to be swayed by the win to the point of forgetting to discharge the duties that they had been entrusted with.
"If Umno becomes very passionate with the win in one place while losing in other areas...if we lose (sight of) our responsibilities, I believe that in the coming general election maybe we will not achieve a good victory or we will not win," he said.
Asked if the win in Bagan Pinang was a sign that Umno was accepted in the area, he said it was a fact that the party had support in the area.
"If we are not careful, do not care for the problems of the people, do not have a programme to win the hearts of the people...eventhough we win in Bagan Pinang, we may not win in other areas. We cannot be too passionate," Dr Mahathir said.
In the Bagan Pinang state by-election today, BN defended the seat when its candidate Mohd Isa defeated Pas' Zulkefly Mohamad Omar with a majority of 5,435 votes.
Mohd Isa garnered 8,013 votes against Zulkefly's 2,578 votes.
"I am very happy. From the beginning I had predicted we (BN) will win as that is our area. Isa (Tan Sri Mohd Isa Abdul Samad) is strong there and the Indians also supported him.
"I believed he would win although another (BN) candidate would also have won. Now we have to look after other areas.
"We can win in opposition areas," Dr Mahathir told reporters after attending a Hari Raya function organised by the Pusat Bandar Cempaka Umno branch here on Sunday night.
He reminded party members not to be swayed by the win to the point of forgetting to discharge the duties that they had been entrusted with.
"If Umno becomes very passionate with the win in one place while losing in other areas...if we lose (sight of) our responsibilities, I believe that in the coming general election maybe we will not achieve a good victory or we will not win," he said.
Asked if the win in Bagan Pinang was a sign that Umno was accepted in the area, he said it was a fact that the party had support in the area.
"If we are not careful, do not care for the problems of the people, do not have a programme to win the hearts of the people...eventhough we win in Bagan Pinang, we may not win in other areas. We cannot be too passionate," Dr Mahathir said.
In the Bagan Pinang state by-election today, BN defended the seat when its candidate Mohd Isa defeated Pas' Zulkefly Mohamad Omar with a majority of 5,435 votes.
Mohd Isa garnered 8,013 votes against Zulkefly's 2,578 votes.
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