PUTRAJAYA: The Court of Appeal today rejected an appeal by Tony Pua Kiam Wee to lift an interim interparte injunction obtained by Datuk Seri Najib Razak against the Petaling Jaya Utara Member of Parliament over a video clip which the Prime Minister claimed was defamatory.
The three-man bench comprising Datuk Abang Iskandar Abang Hashim, Puan Sri Zaleha Yusof and Datuk Yaacob Md Sam unanimously dismissed Pua's appeal to set aside a High Court decision on Aug 4 last year, granting Najib the injunction order to restrain Pua from repeating the alleged slanderous allegations.
The bench made the decision after finding that Pua's grounds of appeal had no basis, did not have any merit and no excuse to interfere with the High Court's decision.
Yaacob, who delivered the court's judgment said the court found that Najib had satisfied the necessary requirement for an interim injunction to be allowed.
He said there was also evidence of Pua's intention to repeat the alleged defamatory statement.
Yaacob said the High Court judge did not commit any misdirection of law when granting Najib the interim injunction.
He adds that the court took judicial notice that the Attorney-General had made a decision that Najib had committed no wrongdoing in relation to 1MDB.
He said investigations were also carried out by the Malaysian Anti-Corruption Commission (MACC), Royal Malaysia Police, Bank Negara and the Attorney-General’s Chambers and the results which have been disclosed to the public by the Attorney-General and the MACC cleared Najib of any criminal wrongdoing.
In the proceedings, Najib was represented by Datuk Mohd Hafarizam Harun while Gobind Singh Deo acted on behalf of Pua.
The video clip in question was recorded by the law maker at the Parliament lobby and was uploaded in the Faqcebook account, under the name of Tony Pua, entitled: 'BN Govt abandons all Bills to give precedence to PAS RUU 355 Private Member's Bill'.
The Prime Minister claimed the video clip could be accessed widely and freely on the internet.
Najib sued Pua in his personal capacity, alleging that Pua had made defamatory statements against him on live video relating to the tabling of the bill.
On April 21, last year, the High Court allowed Najib’s application for an ex-parte injunction to restrain Pua from further publishing similar or the same words.
On Jan 26, this year, the appellate court bench reserved decision in Pua's appeal after hearing submissions from counsels.
The court subsequently, fixed today to deliver the verdict.
After the court's decision, Hafarizam told reporters said the trial of the lawsuit was fixed on April 23.
Meanwhile, Gobind said he would be filing for leave to appeal to the Federal Court.