Ex Igp Withdraws Will Refile Bid To Strike Out Hannah Yeoh S Suit Lawyers

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Musa Hassan today withdrew an application to strike out Segambut MP Hannah Yeoh’s defamation suit against the former inspector-general of police (IGP).
However, the former top cop will later refile the application to nullify the legal action by the former deputy women, family and community development minister.
Mohd Khairul Azam Abdul Aziz, the lawyer appearing for Musa (above), today confirmed the withdrawal, explaining that it was because the striking-out bid had become academic after Yeoh withdrew an appeal at the Court of Appeal on Monday last week.
On May 3, the High Court in Kuala Lumpur struck out Yeoh’s earlier suit on technical reasons, with liberty to file afresh. The former deputy minister’s legal team refiled the suit at the High Court on the same day.
However, seven days later, her legal team also filed a notice of appeal at the Court of Appeal, targeting the earlier decision by High Court judge Rozana Ali Yusoff.
Musa’s lawyers had then filed the application to strike out Yeoh’s refiled suit, on grounds of alleged abuse of process due to her refiling the suit while appealing against the court order to refile the said suit.




Hannah Yeoh
Under the law, any successful outcome of an appeal to the Court of Appeal could lead to the reinstatement of the earlier suit.
“The application to strike out the suit was previously filed on grounds of abuse of process, as the plaintiff (Yeoh) refiled the defamation suit while at the same time also appealed to the Court of Appeal against the initial striking-out of the suit (on technical reasons).
“However, they later withdrew the appeal to the Court of Appeal (on Oct 18), rendering academic our application under Order 18 (of the Rules of Court 2012 in relation to striking-out) before the High Court. For that reason, we have to (today) withdraw our Order 18 application.
“However, we will refile a new Order 18 Rule 19 application (on new grounds for striking-out) in a short while,” Khairul Azam told Malaysiakini.
When contacted by Malaysiakini this afternoon, Yeoh’s counsel Lim Wei Jiet confirmed that they withdrew the appeal before the Court of Appeal on Oct 18.
The lawyer confirmed that Musa today has withdrawn the striking-out bid, because the cited grounds for the striking-out were linked to the (now since withdrawn) appeal before the Court of Appeal.
“We withdrew the appeal thereafter (on Oct 18) so as to allow the fresh (refiled) suit to proceed with the merits, so as not to delay the matter any further.
“Musa’s lawyer during the CM (case management of Yeoh’s suit before the High Court today) informed the court that they would file another striking-out application on other grounds, but (Musa’s lawyer) did not elaborate further,” Lim said.

Hannah Yeoh's lawyer Lim Wei Jiet
Yeoh’s lawyer added that the High Court today gave direction that any further interlocutory application (such as a fresh striking-out bid) must be filed within two weeks from today, and it fixed Nov 29 for further case management of the matter.
Purported role
On July 3 last year, Yeoh filed the suit over Musa’s speech at a forum at Universiti Teknologi Mara (UiTM), which was made on Jan 30 that year.
On Feb 5 last year, it was reported that Musa was being probed by the police over the speech given at the forum at UiTM.
The forum titled 'Wacana Isu Semasa Perjanjian Damai Hat Yai 1989: PKM Menyerah Diri?' (The Hat Yai Peace Accords: Did the Communist Party of Malaya surrender?) was organised by UiTM’s Institute of Malay Rulers.
In his speech, Musa was alleged to have suggested that DAP had published a book over the purported role of the Malays behind the May 13 riots, among others.
According to a copy of the suit’s statement of claim, Yeoh claimed, among others, that the speech contained defamatory statements that are wholly untrue, disparaging, vexatious, spurious, fallacious and without basis.
Incidentally, back on Feb 26 this year, the High Court denied an earlier application by Musa to strike out Yeoh’s earlier suit. This was prior to the May 3 ruling that struck out Yeoh’s initial suit on technical reasons. - Mkini

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