Anwar Ibrahim’s civil suit against Tun Dr Mahathir Mohamd was thrown out because the papers had been filed in English with no Bahasa Malaysia translation attached. Raja Petra Kamarudin’s application to strike out lawyer Muhammad Shafee Abdullah’s suit also because it had been filed in English with no Bahasa Malaysia translation, however, was rejected by the court.
NO HOLDS BARRED
Raja Petra Kamarudin
(20 October 2009) - An appeal by Opposition Leader Anwar Ibrahim over his RM100 million defamation suit against Dr Mahathir Mohamad has been thrown out.
The Court of Appeals, after going through the written submissions by both sides ‘with a fine tooth comb’, allowed the application by V.K. Lingam, counsel for Dr Mahathir, to strike out the appeal by Anwar on ‘technical defects’.
Justice Abdul Malik Ishak, who sat with Justices Azhah Ma’ah and Syed Ahmad Helmy Syed Ahmad, ruled that Anwar’s appeal was defective because it was not prepared in Bahasa Malaysia.
The former Prime Minister had submitted that Anwar’s memorandum of appeal was filed only in English and not also in Malay as required by the law.
Judge Abdullah Malik Ishak said the court also dismissed Anwar’s application for an extension of time to file the memorandum of appeal in Malay.
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RPK fails to set aside order in defamation suit
(The Star, 12 August 2010) - PUTRAJAYA: Malaysia Today editor Raja Petra Kamarudin failed to set aside an ex-parte injunction order obtained by lawyer Datuk Seri Muhammad Shafee Abdullah in his defamation suit against him (Raja Petra).
Court of Appeal judge Justice Sulong Matjeraie, who chaired a three-man panel, dismissed the appeal by Raja Petra against the ex-parte order with costs.
"It is not appropriate for us to deal with issues arising from the writ (defamation suit)," he said.
Also in the panel were Justices Jefrey Tan Kok Wha and Abdul Wahab Patail.
In an unanimous decision, Justice Sulong ordered Raja Petra to pay RM500 in costs to Shafee, after the editor's lawyer Manjeet Singh Dhillon told the court of his client's bankrupt status and that the parties should wait for the outcome over the defamation trial.
At the outset, Manjit applied to strike out the suit on grounds that the documents were not filed in the national language and breach of rules on the part of Shafee when he acted as litigant, counsel and solicitor in the civil action earlier, but the appellate judges did not touched on the issues.
Muhammad Shafee is suing Raja Petra over three allegedly defamatory articles published on Aug 6, 7 and 11, 2008, on the online portal.
On Aug 15, 2008, it was reported that a commotion had broken out in a magistrate's court here when Shafee tried to serve a court order on Raja Petra asking him to remove the three articles from the news portal.
On that day, Raja Petra, who is currently believed to be in London, flatly turned down the service of the order.
On Sept 2, 2008, Raja Petra succeeded in getting a court order restraining Shafee from acting for himself in his suit. High Court judge Justice Tee Ah Sing, however, did not allow the editor's application to strike out the suit on grounds that the documents were filed in English.
Justice Tee issued an ex-parte injunction order on Aug 13, 2008 restraining Raja Petra whether by himself, his agents or otherwise from allowing any articles, journals, letters, comments, posts and statements that are defamatory of Shafee, to be accessible over the Internet.
In a statement of defence filed on Nov 25, 2008, Raja Petra said he would adduce detailed evidence on the matter during the trial.
In applying for the suit to be dismissed with costs, Raja Petra contended that Shafee’s suit was misconceived and untenable in law and/or was an abuse of the process of court.
Translated into Chinese at: http://ccliew.blogspot.com/2010/08/blog-post_14.html
written by JJFoo, August 13, 2010 20:35:31
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written by Bangkok Warrior, August 13, 2010 20:33:13
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written by DPG, August 13, 2010 16:41:40
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written by storm62, August 13, 2010 13:11:10
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written by Thiru, August 13, 2010 11:49:06
Where rogues, thieves , liers roam
And where decency, integrity is but stepped on
And it is as simple as that.
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written by SoundMan, August 13, 2010 11:07:39
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written by ibabonma, August 13, 2010 09:26:44
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written by syd, August 13, 2010 09:03:21
Chinese judge not so fussy about translation.
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written by educationist, August 13, 2010 04:22:10
There is an UMNOputra judicial wing that will ensure all politically sensitive cases are dispensed of according to a prescribed script.
So, we must and change we can!!
I hope and pray!!
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written by mikewang, August 12, 2010 23:34:18
Welcome to the "Heads I win, tails you lose" game !
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written by uxzee, August 12, 2010 23:05:21
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written by mob1900, August 12, 2010 22:58:33
and you knew where his fingers often goes to... nostrils and anuses!
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written by Angela Ooi, August 12, 2010 22:17:18
Shafee, why not go the whole hog, you can be judge too? This, after all is Malaysiabolehbodohland, where anything and everything goes.
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written by Prince of India, August 12, 2010 22:03:05
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written by samadhi8, August 12, 2010 21:55:29
1. To have a Judicial system where the Judges can be screwed and way you like.
2. To have a respectable Justice system which rules like this:
- Can throw out case on grds that its in English and Not BM
- Can Not throw out a case on grds that its in English and Not BM
(its begs the Question - TO SHIT OR NOT TO SHIT IS THE Q)
3. To hv a tootless Royal Commission so as to waste Rakyat time + money
4. To maintain the position as the ONLY Country in the world where the Minority people
feed and support the Majority (for 40+ odd years)
5. To ensure ALL Govt Depts are part of the National Institution called THE ASYLUM
6. To ensure a manufactured race called Bumiputera do not become competitive
by ensuring wealth is attained without merit
7. To have the only PM in the world who rules by promoting Racisism by dividing
the people and ensuring racial tension is the order of the day!
8. To teach the new manufactured race how to be a Hypocrite with appearing so
9. To drive starve off all Foreign investments so that the people can become desperate,
then they will eat shit when told
10. Finally the Vision is achieved when all the money is transfered out of the country by
2020 in my name together with my UMNO cronies.
Too Late for those buggers to get it back!
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written by Aria, August 12, 2010 21:45:29
We Malaysians are living in fear everyday. We do not dare voice our opinion to the government. Even when the government hospitals kill our loved ones through utter negligence we keep silent and live with it. When they throw our heroes behind bars we keep silent. Enough is enough lets stand up and show BN how powerful we are.
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written by hellosunshine, August 12, 2010 21:05:06
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written by albert zacharias, August 12, 2010 20:54:19
Black is black if it involves others... double standard lah...
POKIMok.
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written by Littlebird, August 12, 2010 20:52:31
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written by malgal, August 12, 2010 20:47:28
scraping the bottom.
pulling exhausted worn out rubbish from worn out hats.
they'll be tripping over their own laces soon.
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written by temanmu, August 12, 2010 20:28:54
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written by Nixcloud, August 12, 2010 20:17:27
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written by arazak, August 12, 2010 20:06:47
If you are an UMNO/BN person you can even escape murder charges. If you are an UMNO/BN person you can steal and loot all you want. . ., the law will not touch you. That is why Khir Toyol and Taik mahmud is not afraid of stealing the peoples' money. On the other hand, if you are a non UMNO-BN person you will be subjected to the full force of law. If you are a non-UMNO/BN person the court will look upon you as a 3rd class citizen.
This double standard system in Bolehland are not just for common law, it applies to the Syraiah law too. . ., that is why Bonk Mokhtar did not go to jail! That is why the numero Uno did not go to the Syriah court for "zina or khalawat" despite being caught with an artist literally with his pants down in a hotel room in Port Dickson!
Again, the law as it applies in Bolehland is according to your political orientation and has nothing to do with justice!
Pete. . ., "me dispiache"!
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written by malsia1206, August 12, 2010 19:41:09
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written by eloofk, August 12, 2010 19:34:15
Does Science and Maths now reverted back to Bahasa Malaysia rings a bell.
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written by Bullchick, August 12, 2010 19:29:28
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written by Citizen Watch, August 12, 2010 19:08:47
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written by Admiral Tojo, August 12, 2010 18:50:09
Shalom
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Yes, where the F is the Bar council and its fraternity? Mostly with inFECTion, displayed all over their foreheads, pushing pens on paper while the nation dies from a thousand deeper cuts.
Whatever the Bar council has done, it is has been of shameful insignificance, a betrayal of your sworn dedication to uphold the justice in the land.
The Bar Council must resign and make way for new mongrel breed to stand up and speak for good ethics, common good, and government. Or else, a black mark ugly unremovable stain is smeared on most of the members as of now, in the pre Aug 2010 registered list in Malaysia - you were the F Tiu nia seng useless lot.
Unite EW today. Will KL PKR go tot Sabah and sort out this deviant Jeff K/PKR Sabah who want to F around with Sqwizer/USA/UN next year in the midst of the greatest battle in Malaysia? Where the hell is the new kid Azmi/PKR? Now that you got your job, you go into hiding?? Why the hell you want the job?