(Bernama) - The Court of Appeal today ordered that Datuk Seri Anwar Ibrahim’s RM100 million defamation suit against Umno Youth chief Khairy Jamaluddin Abu Bakar proceed for trial in the High Court.

The appeals court three-member panel, led by Justice Datuk Ramly Ali, unanimously dismissed Khairy’s appeal to get the defamation suit summarily struck out.

Ramly held that the case was not a suitable case to be struck out under the High Court Rules.

“The case should go for trial since there are some uncertainties under section 43 of the Evidence Act,” he said.

Khairy was appealing against the decision of a Kuala Lumpur High Court which had on December 21 last year rejected his application to strike out the suit.

He had sought to strike out the suit on grounds that it was frivolous, vexatious and an abuse of the court process.

The panel, also comprising Justices Datuk Zaharah Ibrahim and Anantham Kasinater, ordered Khairy to pay RM10,000 in legal cost to Anwar.

Anwar’s counsel Datuk Sulaiman Abdullah told reporters that the High Court had set November 14 and 20 to hear the suit.

On March 7, 2008, Anwar, who turns 65 tomorrow, filed the suit against Khairy, claiming that the latter, as then Umno Youth deputy chief, had uttered defamatory words and caused the posting on websites, including Malaysiakini.com, a video clip entitled “Anwar and kin no threat”.

The opposition leader claimed that the video clip on Malaysiakini.com contained defamatory words spoken by Khairy at a ceramah in Lembah Pantai here on or about February 20, 2008.

Khairy, in his statement of defence filed on October 8, 2010, said he relied on the defence of justification and qualified privilege.

Khairy was represented by lawyer Datuk Seri Muhammad Shafee Abdullah.