KUALA LUMPUR (Aug 8): Datuk Seri Dr Ahmad Zahid Hamidi has failed to get an injunction against Tan Sri Muhyiddin Yassin to stop him from issuing any statement on the allegation that Ahmad Zahid had sought his help to solve or postpone his criminal trial.
This follows High Court judge Datuk Rozana Ali Yusoff dismissing the Umno president's inter-partes injunction application on Monday after the court converted the ex-parte (one-sided hearing) application to inter-partes hearing (involving both parties).
The court was not satisfied by Ahmad Zahid's attempt to show that the allegations made by Muhyiddin were patently false and untrue, as the former prime minister's statements were said to be corroborated by PAS president Tan Sri Abdul Hadi Awang, International Trade and Industry Minister Datuk Seri Mohamed Azmin Ali and Pasir Salak MP Datuk Seri Tajuddin Abdul Rahman.
In online proceedings, Rozana said Ahmad Zahid had not fulfilled the elements of the injunction to be imposed.
The court then ordered Ahmad Zahid to pay RM5,000 in costs.
The Umno president and former deputy prime minister was represented by Shahrul Fazli, Mohamed Baharudeen, and Aina Dalila from Messrs Shahrul Hamidi & Haziq, while Datuk DP Naban, Rosli Dahlan, Amiratu Al Amirat, and Chetan Jethwani appeared for Muhyiddin.
The decision was confirmed by Rosli to theedgemarkets.com.
Suit filed last April
Ahmad Zahid had filed the suit last April 4, where he sought an ex-parte injunction for Muhyiddin or his representative to withdraw the defamatory statement or similar defamatory statements against him concerning his criminal trial, which he had denied.
In his statement of claim, the 69-year-old said that on Feb 16, during the 15th Johor state election campaign in Mersing, Muhyiddin made a defamatory statement with ill intention and malice against him, and on the same day, the video footage of the defamatory statement was published on Astro AWANI’s YouTube channel.
Ahmad Zahid claimed that Muhyiddin’s statement implied that he (Ahmad Zahid) had used a shortcut to try to settle and postpone his ongoing court case, that he had asked for Muhyiddin’s help to intervene in the court case and the judiciary system, to order the dissolution of the Johor State Legislative Assembly, and also implied that he was not a respectable and exemplary leader.
Ahmad Zahid claimed that the allegations were false and aimed at tarnishing his good name and reputation. He is seeking general, aggravated and exemplary damages, as well as an order for Muhyiddin to publish a public apology in newspapers, and other reliefs and costs deemed fit by the court.
In his defence, Muhyiddin maintained that what transpired was the truth.
“There cannot be damage to Ahmad Zahid's reputation, as his (Ahmad Zahid's) public reputation was already questionable and or damaged prior to the statements being made. The statements made were true and therefore cannot be defamatory in nature,” said the Bersatu president.
This is Ahmad Zahid's second failure to get an injunction, after he had failed to get one against another former prime minister, Tun Dr Mahathir Mohamad, last month.