PETALING JAYA, June 27 — Minister Datuk Seri Ahmad Zahid Hamidi today lost his appeal to strike out a 2006 assault civil suit brought against him by a businessman and will have to defend himself when the case heads back to court on August 26.
A five-man Federal Court panel of judges unanimously dismissed the home minister’s application, ruling that the Ahmad Zahid (picture) had not been deprived of his legal options as the matter had yet to be tried at the High Court.
“The matter has not gone through trial at the High Court in Shah Alam and you are not deprived of an appeal process. Let the trial proceed in the High Court,” Court of Appeal President Tan Sri Md Raus Sharif, who chaired the Bench, was quoted as saying by the Malaysiakini news site in delivering the top court’s decision.
“If we were to allow such application before the appeal proper, it will hold up other cases,” he reportedly said.
The news portal also reported that the trial is scheduled to be heard at the Shah Alam High Court on August 26.
Ahmad Zahid had been sued by businessman Amir Abdullah Bazli for allegedly punching him on January 16, 2006 at the Country Heights recreational club in Kajang, Selangor, causing the latter to suffer a fractured nose among other injuries.
Then a deputy information minister, Ahmad Zahid had denied the allegation and applied to the High Court for the case to be thrown out.
The application was struck out by the same court on April 21, 2010.
He later filed a countersuit against the 41-year-old businessman, claiming to have suffered humiliation and emotional trauma as a result of the accusation.
But last year, a three-judge panel of the Court of Appeal unanimously ruled against the minister’s bid to strike out the assault suit.
Then in charge of defence, Ahmad Zahid was also ordered to pay RM5,000 in costs and to respond to the civil suit.
Opposition lawmakers have also questioned Prime Minister Datuk Seri Najib Razak of his commitment to government reform, painting Ahmad Zahid as the fly in the ointment.
Earlier this month, the DAP MP for Puchong, Gobind Singh Deo, demanded that Najib suspend Ahmad Zahid as a member of his Cabinet until the civil assault case was resolved.
The MP told the prime minister that it was “improper” to put a man who has been ordered to answer a civil suit for assault in charge of the powerful Home Ministry where his actions and conduct could invite conflict, which would reflect on the Barisan Nasional (BN) government.
“[Leading] the Home Ministry now, which is responsible for the police, would to my mind, put Zahid in a position of conflict.
“The Home Ministry is one of the most powerful ministries, with significant influence over various bodies including the police and prisons,” the Puchong MP said, adding in his statement that its minister must be seen as one who is “above and beyond these agencies as he needs to maintain independence”.
Gobind reminded Najib that the PM had promised to raise the quality of governance after winning re-election in the May 5 polls and must therefore show he is committed to carrying out his transformation.
