Zahid S Contempt Bid Aimed At Delaying Libel Trial Says Dr M

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Dr Mahathir Mohamad (left) is suing Ahmad Zahid Hamidi over his alleged use of the name Kutty, which the former prime minister said was intended as a derogatory reference to him.
PETALING JAYA: Former prime minister Dr Mahathir Mohamad claims that the attempt by Umno president Ahmad Zahid Hamidi to begin contempt proceedings against him was made with malicious intention to delay an ongoing defamation trial.
Mahathir, 99, said his media interview after a court proceeding on Dec 5 was merely a repeat of what he had testified in the libel suit brought against Zahid in 2022.
He said that Zahid, a deputy prime minister, had not applied for a gag order to stop the media from reporting the proceedings or to bar him from speaking to the press.
“This trial in the High Court has attracted a wide following and no statement of mine showed disrespect to the court or disrupted the administration of justice,” Mahathir said in an affidavit filed to set aside Zahid’s ex-parte application to cite him for contempt.
On Jan 7, trial judge judicial commissioner Gan Techiong granted Zahid leave to initiate contempt proceedings against Mahathir after hearing the application from Zahid’s counsel, Shahrul Fazli Kamarulzaman, in chambers.
Mahathir said since there was no jury trial, the sub judice rule did not apply and that Gan, as a trier of fact and law, could not be easily swayed.
In the court filing by his solicitors Haidir & Co on Monday, Mahathir said Zahid’s claim that his statement on Dec 5 amounted to a “real and substantial danger of prejudice” was fictitious and speculative with no proof.
“The contempt proceeding is unnecessary as the defendant (Zahid) will have the opportunity to state his defence,” he said.
Zahid, as the first defendant, is scheduled to take the stand in May.
Mahathir said Zahid’s action was also an abuse of the court process as his ulterior motive was to deny him his constitutional right to free speech.
“It is public knowledge that I am sort of a check and balance to the current government or any other previous administrations,” said Mahathir, who was prime minister for 22 years until 2003 and held the same position for another 22 months until February 2020.
Gan is scheduled to fix an inter-partes hearing during case management today.
During the Dec 5 press conference, Mahathir had shown copies of his identity card and birth certificate as well as copies of his children’s birth certificates.
Zahid claimed the media conference had breached the sub judice rule, potentially affecting or impairing the integrity and independence of the judiciary in administering justice.
Mahathir sued Zahid in 2022 over the latter’s alleged use of the name Kutty, which the former prime minister said was intended as a derogatory reference to him.
Zahid allegedly made the remark at an Umno divisional meeting in Kelana Jaya, Selangor, on July 30, 2017.
Mahathir claimed the remark implied that he was not born a Malay or a Muslim, and that his original name was Mahathir son of Iskandar Kutty.
It also implied that the name Mahathir Mohamad was used to profit himself politically and personally, he said. In his defence, Zahid said the name referred to an individual based on information contained in a copy of an old identity card. - FMT

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