KUALA LUMPUR: Federal Territories Minister Khalid Abdul Samad today failed in his bid to strike out the defence statement in his suit against Gerakan Muslimah chief Wan Asshima Kamaruddin over allegations that he had approved a gay festival.
Judge Datuk Nik Hasmat Nik Mohamad in dismissing Khalid’s application in chambers today also ordered him to pay RM3,000 in costs to Wan Asshima.
The crux of the defence statement by the Gerakan Muslimah chief filed on Sept 13 last year was over her actions of recording, uploading and publishing a video containing alleged defamatory remarks against Khalid.
Lawyer Muhammad Rafiqree Hamka told reporters that the court made the decision after finding that there were issues that needed to be tried.
“The court also ordered parties to file their documents for the trial,” he said, adding that the court fixed April 9 for further case management.
Counsel Wan Rohimi Wan Daud, who represented Wan Asshima, was also present during the chamber hearing.
Khalid, who is also Shah Alam MP, made the application on grounds that the arguments used by the defence in the statement were frivolous, vexatious and an abuse of the court’s process.
Khalid had filed the suit against Wan Asshima claiming that she had recorded a video which contained defamatory remarks against him and uploaded it on her Facebook page.
He said the defendant had on Aug 18 last year intentionally recorded and published a video which contained defamatory remarks against him and the video was directly referring to him as his name and position were specifically mentioned in the video.
The plaintiff alleged that the defamatory remarks had meant that he as the Federal Territories Minister had authorised the LGBT community in Malaysia and protected the rights of the community by successfully organising and approving the biggest gay festival in Malaysia in conjunction with Merdeka celebration.
He also claimed that the recording had also stated that he had in his capacity as a minister, an Amanah leader and as an individual, had violated Muslim’s rights, the law and Islamic regulations as ascribed in the Al-Quran and Sunnah, thus insulting Islam and contesting the position of Muslim women when he approved the gay festival.
He alleged that due to the publishing of the defamatory words, he had suffered embarrassment, terrible disgrace and misery, and his reputation and credibility had been tarnished.
He claimed that the allegation published by the defendant was intentional, baseless and made with malice.
Khalid was seeking an order from the court for the defendant to publish an apology through a video to be uploaded on her Facebook page as well as a written apology to be published in Utusan Malaysia and Berita Harian within 48 hours from the date of the order.
He is also seeking an injunction to prohibit the defendant in any way to cause any publishing or printing of defamatory words against him, as well as exemplary and aggravated damages.