Aug 13 decision on Utusan's application for leave to amend defence statement

KUALA LUMPUR: The High Court here today set Aug 13 to decide on an application by Utusan Melayu (Malaysia) Bhd and its chief editor, Datuk Abdul Aziz Ishak for leave to amend their defence statement in a suit filed by Datuk Seri Anwar Ibrahim on his comments to BBC during an interview on homosexual laws.
Judge Datuk Hue Siew Kheng set the date after hearing submissions from Anwar's counsel, Latheefa Koya, and lawyers Muhammad Asmirul Asraf Fadli and Wan Azmir Wan Majid, representing Utusan and Abdul Aziz.
Latheefa, when met by reporters, said his client had objected to the defendants' request to include Anwar's conviction in a sodomy case as the case had been disposed of.
"The case had also gone to the Court of Appeal. Now, it is only to assess the damage," she said, adding that Anwar's conviction in the sodomy case could not be used to assess damage in a civil claim.

However, Muhammad Asmirul Asraf said under Section 54 of the Evidence Act 1950, Anwar's character was an admissible evidence for the assessment of damages over the suit.
"Based on the recent judgment of Sodomy II and Federal Court ruling which had rejected a review application by Anwar to remove an Apex Court's remark (Sodomy 1) in 2004, implying that he has homosexual tendencies, therefore the status quo remains," he added.
Last July 2, Utusan and Abdul Aziz filed for leave to amend their defence statements to include the grounds that the plaintiff had committed sodomy, based on a judgment by the Court of Appeal March 7 this year.
In the application, they claimed that the crime was the main factor which contributed to Anwar's declining reputation and that the news report, with the title "Anwar biseksual, tak boleh jadi Ketua Pembangkang" (Anwar bisexual, cannot be Opposition Leader) by them was not the cause.
On Jan 10, 2012, Anwar filed a defamation suit, seeking RM50mil in damages, alleging the defendants had published the two articles in the Utusan Malaysia newspaper, on Jan 17, 2012, in relation to his BBC interview.
He contended that the words implied he was unfit to hold public office and a Muslim leader who held views inconsistent with the teachings of Islam.
On Jan 21 last year, High Court judge Datuk V. T. Singham ruled that the two articles published by Utusan Melayu (Malaysia) Bhd on Jan 17, 2012, on Anwar Ibrahim's interview with BBC on homosexual laws were defamatory.
On Jan 15 this year, the Court of Appeal upheld the High Court decision on the matter. – Bernama