KUALA LUMPUR, Aug 13 — The High Court today scuppered Utusan Malaysia’s plans to reduce the amount it must pay Opposition Leader Datuk Seri Anwar Ibrahim for defaming him by rejecting the paper’s bid to include his sodomy conviction.
Anwar won the defamation suit against Umno-owned paper’s publisher Utusan Melayu (M)
Berhad and chief editor Datuk Abdul Aziz Ishak in January. An appeal also found in Anwar’s favour but the amount of compensation has not been decided.
The two defendants applied last month to insert Anwar’s March 7 sodomy conviction into their statement of defence — a move which could affect the final sum they would be ordered to pay.
In making the application last month, they claimed that the sodomy offence was the main factor that caused Anwar’s reputation to be harmed instead of Utusan’s reports.
Anwar’s lawyer Latheefa Koya had previously argued against Utusan’s bid, pointing out that the case had already been deposed and decided in Anwar’s favour in the Court of Appeal.
Today, Latheefa confirmed that the two defendants were disallowed from amending their statement of defence and inserting Anwar’s sodomy conviction.
“Application thrown out with costs because it is grossly delayed and highly prejudicial against plaintiff if it is allowed,” she told reporters here after High Court judge Datuk Hue Siew Kheng delivered her decision in chambers.
Latheefa also said today the judge will meet all parties tomorrow to discuss the proceedings to assess damages.
The defendants were represented by both Muhammad Asmirul Asraf Fadli and Wan Azmir Wan Majid, with the latter saying today that they may call two or three witnesses to testify to determine the amount Utusan has to pay Anwar.
In his defamation suit filed against the two defendants in January 2012, Anwar sought RM50 million in damages over reports carried in Utusan Malaysia, which he claimed implied he was unfit to hold public office.
The reports cited a BBC interview where Anwar had allegedly said Malaysia’s laws on homosexuality were archaic.
In his ruling last January in favour of Anwar, High Court judge Datuk VT Singham said Utusan had presented a distorted version in its report which implied that Anwar backed the legalisation of lesbian, gay, bisexual and transgender (LGBT) movement’s activities.
In a separate case, Anwar is currently appealing against the Court of Appeal’s March 7 decision to overturn the High Court’s 2012 decision to acquit him of sodomy.
The case management for Anwar’s appeal at the Federal Court is set for tomorrow.
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