KUALA LUMPUR: Tun Dr Mahathir Mohamad's defamation trial against Datuk Seri Dr Ahmad Zahid Hamidi has been postponed a second time as he is not allowed to leave the National Heart Institute (IJN), where he is admitted for health issues.
The 99-year-old's lawyer, Mior Nor Haidir Suhaimi, told High Court Judicial Commissioner Gan Techiong that the former Bersatu chairman is not allowed by cardiologists to leave the hospital.
Mior Nor Haidir then applied for today's trial to be vacated.
He said Dr Mahathir had returned from London on July 14 and was hospitalised in IJN the next day after experiencing breathing difficulties.
Mior Nor Haidir said he received confirmation from cardiologists on the evening of July 16 that Dr Mahathir is not allowed to leave the hospital.
In a letter sent to the court, it was stated that Dr Mahathir had gone overseas recently.
Today was set for the first day of the trial after the initial Feb 13 proceedings was postponed as Dr Mahathir was unwell and was given a medical certificate from IJN.
Zahid's lawyer Mohamed Shahrul Fazli Kamarulzaman said they sympathised with Dr Mahathir and hoped for his speedy recovery.
"The defence is ready for trial. I want to confirm if Dr Mahathir is unwell, will Mukhriz (Datuk Seri Mukhriz Mahathir) be called to testify so that we can start on the second witness," he said.
Gan said no one doubted the authenticity of the letter issued by IJN, given Dr Mahathir's age and health condition.
He said the trial needs to proceed because it was a 2022 matter and he is trying to clear all outstanding cases in his court by year end.
"I also hope Dr Mahathir will recover quickly and will be well enough to attend the next court proceedings on Aug 26 and 27.
"With all due respect, I suggest closer to the dates. Kindly advise him (Dr Mahathir) not to go overseas just before the trial dates and have a good rest so he can attend the proceedings.
"We did it (postponement) on Feb 13 and now, we have to adjourn again today.
"If, for any reason, Dr Mahathir is unfit to attend on Aug 26, then the second witness as proposed as by the defendant, Mukhriz, should be ready so we can get the trial started by having the second witness. It is a fair proposal.
"Ideally, Dr Mahathir, as the plaintiff, should be the first witness. But since there is a second witness and given the two adjournments, I want this to commence on Aug 26," said Gan.
Gan then vacated the trial today to Aug 26 and 27; and Oct 29 and 30.
On July 20, 2022, Dr Mahathir filed the lawsuit through Tetuan Haidir & Co in the High Court, naming Zahid, who is also Umno president and deputy prime minister, as the defendant.
According to the statement of claim, Dr Mahathir said the defendant made false statements, laced with defamation and malicious intent, specifically referring to the plaintiff during the Umno Kelana Jaya division meeting on July 30, 2017.
The plaintiff genuinely believes that the defendant's reference in the defamatory statement as 'that person', 'he', and 'Mahathir, the son of Iskandar Kutty', explicitly refers to him.
Dr Mahathir reportedly said that Zahid's malicious intent in issuing defamatory statements exposed him to dissatisfaction and hatred from the public.
Furthermore, he stated that Zahid's defamatory statements implicitly question and cast doubt on his credibility to lead the country and the party that prioritises Malays as a whole.
It is understood that he is considered a liar, untrustworthy, self-centred during his tenure in public office, and not qualified to be a leader or a community figure.