PUTRAJAYA: The hearing of an appeal by Utusan Melayu (M) Bhd and its former journalist Raja Syahrir Abu Bakar in a defamation suit filed against them by veteran lawyer Manjeet Singh Dhillon has been postponed to Dec 1.
The appeal was slated for hearing today before a five-member Federal Court panel but was postponed as the lawyer representing the Malay daily's journalist was undergoing a 14-day self-quarantine at home.
This was informed by lawyer representing Utusan Melayu Datuk Wong Rhen Yen to the court today when he sought for an adjournment.
"I am constrained to seek an adjournment because the counsel for the first appellant (Raja Syahrir) had to be quarantined.
"He was in contact with a person who had close contact with a minister in the Prime Minister's department who tested positive for Covid-19," he said.
In his application for postponement, Wong also said he had recently taken over as the lawyer for Utusan Melayu from Messrs Shafee & Co on Sept 28 and needed to render an opinion to the liquidator as to the prospect of the success of the case.
Utusan Melayu has been placed under the creditors' voluntary liquidation with an interim liquidator being appointed.
He said he needed time to discuss with his client on the possibilities of settling the matter.
Federal Court judge Datuk Vernon Ong Lam Kiat who chaired the panel allowed the adjournment saying that the matter was something unavoidable and counsel appearing for Manjeet, Americk Sidhu had no objections to the postponement.
The court then set the matter to be heard on Dec 1 together with another similar appeal involving Raub Australian Gold Mining (RAGM) and Malaysiakini.
"Because of an earlier direction by the Federal Court, both matters were set to be heard together," he said.
The other judges presiding were Datuk Abdul Rahman Sebli, Datuk Zaleha Yusof, Datuk Seri Hasnah Mohammed Hashim and Datuk Rhodzariah Bujang.
On Sept 26, 2011, Manjeet filed a RM2.5 million defamation lawsuit against former Padang Serai Member of Parliament N. Gobalakrishnan, Raja Syahrir, Utusan Melayu and Sistem Televisyen Malaysia Bhd (TV3) in relation to Gobalakrishan's interview with the media on Aug 16, 2011.
In his statement of claim, he said that Gobalakrisnan had made derogatory remarks against him.
On Sept 11, 2015, Manjeet won his suit against Gobalakrishnan, Raja Syahrir and Utusan Melayu at the Kuala Lumpur High Court but his suit against TV3 was dismissed.
Then High Court judge Datuk Nor Bee Arifin (now Court of Appeal judge) ordered Utusan Melayu and Raja Syahrir to pay RM200,000 in damages and Gobalakrishnan RM150,000 in damages for defaming Manjeet.
However, she found no case against TV3.
On March 13, 2018, the Court of Appeal reversed the High Court's decision and ordered TV3 to pay RM200,000 in damages to Manjeet Singh. TV3 did not appeal against this decision.
The appellate court, however, dismissed the appeals by Gobalakrishnan, Utusan Melayu and Raja Syahrir and affirmed the High Court's order.
Gobalakrishnan has filed a leave to appeal to the Federal Court.
On July 24, the same year, Utusan Melayu and Raja Syahrir obtained leave to appeal to the Federal Court.
Meanwhile, RAGM is appealing against a High Court's decision dismissing its defamation suit against Malaysiakini over articles on the company's gold mining operations.
