KUALA LUMPUR, Dec 19 — The High Court in Alor Setar in Kedah today issued a court order that will require Kedah Menteri Besar Datuk Seri Muhammad Sanusi Md Nor to not repeat alleged defamatory remarks against Prime Minister Datuk Seri Anwar Ibrahim on the latter’s royal pardon until the High Court hears and decides on a defamation lawsuit between the duo.
Anwar’s lawyer Datuk Sankara Nair told Malay Mail that High Court judge Mahazan Mat Taib had granted the interim injunction or restraining order against Sanusi at around noon today.
Based on the details of the interim injunction provided by Sankara to the Malay Mail, Sanusi is restrained from repeating, publishing, republishing, or causing such republication of the alleged defamatory remarks against Anwar — whether through Sanusi’s social media channels or any other websites or any other social media channels and any online or offline platforms — until the end of the defamation lawsuit or until further orders by the High Court.
Previously, the High Court had on October 16 heard submissions from both parties, before deciding today to allow Anwar’s inter partes application for the interim injunction against Sanusi, Sankara said. (The term inter partes meant that Anwar’s application involved both his lawyers and Sanusi’s lawyers being able to present arguments to the court for whether the court order should be granted.)
While Sanusi’s lawyers had presented arguments to object to the interim injunction, the High Court had dismissed such opposition when granting the interim injunction today until the disposal of the defamation lawsuit, Sankara said.
Sankara said the High Court delivered the decision on Anwar’s interim injunction application through the video-conferencing platform Zoom, with lawyer Jaden Phoon Wai Ken also appearing for Anwar today while lawyers Yusfarizal Yussoff and Adam Luqman Amdan appeared for Sanusi.
Sankara said the defamation lawsuit by Anwar against Sanusi is now scheduled for case management on February 19 next year for pre-trial matters. The actual defamation lawsuit has yet to begin or has yet to be heard, as it is still at the pre-trial stage.
Previously on July 30 this year, Anwar had obtained a similar interim injunction from the same High Court in Alor Setar to stop Sanusi from repeating the alleged defamatory remarks until the end of the defamation lawsuit. The difference is that the interim injunction obtained by Anwar in July was via his ex parte application, or where the application was made involving only him instead of both parties.
Sankara had previously told Malay Mail that Sanusi had allegedly repeated similar defamatory remarks against Anwar at two ceramahs, namely the “Jelajah PN Best Negeri Sembilan” on March 18, 2023, in Nilai, Negeri Sembilan and the “Jelajah Selangor Baharu-Selayang” on July 11, 2023, at Selayang, Selangor. These two alleged incidents were before Anwar obtained the ex parte interim injunction.
On December 13, 2022, Tambun MP Anwar filed the defamation lawsuit against Sanusi in the High Court in Alor Setar over the latter’s remarks in a November 13, 2022 campaign speech for the 15th general elections (GE15).
In the lawsuit, Sanusi was alleged to have made the defamatory remarks in November 2022 during the “PN Best Tambun Tour” while supporting Perikatan Nasional’s Tambun candidate Datuk Seri Ahmad Faizal Azumu.
Among other things, Anwar in his lawsuit claimed Sanusi’s remarks were defamatory as it carried meanings such as the allegation that Anwar did not obtain a royal pardon in accordance with procedure as a prisoner.
In relation to his second sodomy case for which he had previously been imprisoned, Anwar had in his lawsuit asserted that the royal pardon was lawfully granted to him by the Yang di-Pertuan Agong in May 2018, claiming that such a full pardon has the legal effect of exonerating him where it would be as if he had never committed the offence.
In his defamation lawsuit, Anwar is seeking compensation from Sanusi in the form of general damages, compensatory damages, aggravated damages, exemplary damages, and an injunction or court order to stop Sanusi from further saying, writing, publishing or distributing the same or similar alleged defamatory remarks.
