Umno Youth chief Khairy Jamaluddin Abu Bakar has been precluded from defending himself in the RM100 million defamation suit filed by Opposition Leader Anwar Ibrahim in 2008.
The ruling means the Rembau MP and Umno Youth leader will not be allowed to say anything in his defence.
However, the court also ordered both parties to submit on whether the Khairy's counsel would be allowed to cross-examine witnesses.
In dismissing Khairy's application to appeal the Aug 13 order against him, High Court judge Hue Siew Kheng also ordered Khairy to pay RM30,000 as costs.
According to Anwar's lawyers Sulaiman Abdullah and J Leela, the court found Khairy and his lawyers to have "adopted a cavalier" attitude during the case management of the suit.
"The purpose of case management is for the just and economical disposal of the case. The excuses meted by them in the affidavit to this case are without merit," Justice Hue ruled in chambers.
"They adopted a cavalier and contumelious attitude towards the case," said the judge.
The ruling means the Rembau MP and Umno Youth leader will not be allowed to say anything in his defence.
However, the court also ordered both parties to submit on whether the Khairy's counsel would be allowed to cross-examine witnesses.
In dismissing Khairy's application to appeal the Aug 13 order against him, High Court judge Hue Siew Kheng also ordered Khairy to pay RM30,000 as costs.
According to Anwar's lawyers Sulaiman Abdullah and J Leela, the court found Khairy and his lawyers to have "adopted a cavalier" attitude during the case management of the suit.
"The purpose of case management is for the just and economical disposal of the case. The excuses meted by them in the affidavit to this case are without merit," Justice Hue ruled in chambers.
"They adopted a cavalier and contumelious attitude towards the case," said the judge.
Stay bid rejected
Justice Hue also rejected an application made by Khairy's counsel, Muhammad Shafee Abdullah, for a stay of proceedings and fixed Dec 26 for hearing to begin.
At its last session, Khairy appealed the Aug 13 ruling to preclude him from defending himself after he and his lawyers had, since January this year, contumeliously failed to file the various documents.
The documents included their witness list, statement of agreed facts, statement of dispute and opening statement, which were supposed to be provided to the court before trial.
Shafee said after today's proceedings that he would appeal the decision.
Leela indicated they would call Anwar and a Malaysiakini reporter to testify when hearing begins on Dec 26.
Anwar had on March 7, 2008, filed the suit against Khairy, or KJ as he is widely known, for uttering defamatory wordsagainst him and causing the posting of a video clip titled ‘Anwar and kin no threat' to be uploaded on websites, including inMalaysiakini. Khairy then was Umno Youth deputy chief
The opposition leader claimed that the video clip on Malaysiakinicontained defamatory words spoken by Khairy at a ceramah in Lembah Pantai in Kuala Lumpur on Feb 20, 2008.
Khairy, in his statement of defence filed on Oct 8, 2010, said he relied on the defence of justification and qualified privilege.
On Aug 9, the Court of Appeal ordered the case to proceed for trial after Khairy failed to get the suit summarily struck out.
Justice Hue also rejected an application made by Khairy's counsel, Muhammad Shafee Abdullah, for a stay of proceedings and fixed Dec 26 for hearing to begin.
At its last session, Khairy appealed the Aug 13 ruling to preclude him from defending himself after he and his lawyers had, since January this year, contumeliously failed to file the various documents.
The documents included their witness list, statement of agreed facts, statement of dispute and opening statement, which were supposed to be provided to the court before trial.
Shafee said after today's proceedings that he would appeal the decision. Leela indicated they would call Anwar and a Malaysiakini reporter to testify when hearing begins on Dec 26.
Anwar had on March 7, 2008, filed the suit against Khairy, or KJ as he is widely known, for uttering defamatory wordsagainst him and causing the posting of a video clip titled ‘Anwar and kin no threat' to be uploaded on websites, including inMalaysiakini. Khairy then was Umno Youth deputy chief
The opposition leader claimed that the video clip on Malaysiakinicontained defamatory words spoken by Khairy at a ceramah in Lembah Pantai in Kuala Lumpur on Feb 20, 2008.
Khairy, in his statement of defence filed on Oct 8, 2010, said he relied on the defence of justification and qualified privilege.
On Aug 9, the Court of Appeal ordered the case to proceed for trial after Khairy failed to get the suit summarily struck out.
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