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Tuesday, January 30, 2007

Screenshots Hearing 1

Jeff's case: Both sides now bound by 'No-Subjudice' undertaking

Lawyers from both sides of the defamation suit initiated by NSTP against this blogger have agreed to record the following before Justice Malik Ishak in chambers at the High Court of Malaya Kuala Lumpur this morning:

By agreement, all parties henceforth agree not to publish any articles, comments or posts regarding the dispute presently before the High Court in this action that may be regarded as subjudice or that may prejudice the fair trial of the case.

Prior to this, the plaintiffs had on January 11 obtained an exparte injunction against this blogger, requiring him to remove 12 + 3 alleged defamatory postings posted on Screenshots between February and December last year.

The injunction also restrains this blogger, "whether by himself, or through his employees and agents", from republishing these posting in my blog or on the world wide web, until the disposal of the defamation suit.

'Fatally deficient'

I have since instructed my lawyers to apply for the suit to be struck out as the Statement of Claims served on me is deemed 'fatally deficient'. The Court has fixed March 6 for the hearing of the striking out.

My lawyers have also filed for the exparte injunction to be set aside.
As such, the interparte injunction and the setting aside of the ex parte injunction will be fixed for mention on March 6 when hearing starts for the striking out application.

My co-defence lawyer Haris Ibrahim had gone on record by saying that the judge would first deal with the striking out application before hearing other matters when the parties meet in court on March 6.

“The interparte injunction and the setting aside of the ex parte injunction will be fixed for mention that day. If the striking out application is successful, the defamation suit against Ooi will be dropped and there will be no injunction left to contest,” he said.

Meanwhile, the plaintiffs' lawyers had obtained an ad interim to sustain the exparte injunction until the hearing starts.

The hearing in chambers this morning was over within minutes. The lawyers were already stepping out of the lift as I was to get into Civil Court 6 on the 11th Floor.

I am grateful that some bloggers an blog commenters have made time to Walk With Us.

Thank you for your time and paying for our breakfast and coffee. I hope you commenters start your blogs soon, and those who are already blogging, stay on course! (Screenshots) .