Today, a three-man bench led by Hasan Lah, allowed Pahang Menteri Besar Adnan Yaakob’s leave application to reverse a ruling by a lower court in March.
“We are inclined to allow the leave application to appeal,” Hasan said.
Earlier, lawyer Americk Sidhu, representing Adnan, informed the bench that publisher Utusan Melayu was not objecting to the leave application.
In a civil case, the party appealing must first obtain leave from the Federal Court before the merits of the case are heard.
Litigants have to frame legal questions of public interest for the apex court to answer.
Americk said the bench approved five questions.
In March, the Court of Appeal, in allowing Utusan’s appeal, ruled that politicians cannot sue the media for defamation in their capacity as public figures.
Judge Rohana Yusof, in allowing the publisher to strike out Adnan’s defamation suit, said the suit was made in his capacity as a public official.
The court agreed with lawyers for Utusan that public figures have no locus standi (legal standing) to sue members of the public as this was tantamount to curbing criticism.
Utusan was represented by lawyers M Reza Hassan and Azhar Arman Ali.
In the suit filed in 2014, Adnan said Utusan had tarnished his reputation as a national leader and politician through an article in its weekend publication Mingguan Malaysia under the headline “Hebat Sangatkah Adnan?”.
He claimed the article, published on Nov 9 that year, implied he had failed in carrying out his duties and overstayed his position as menteri besar.
Adnan said the article also implied he used his political position to abuse the media when it was critical of him.
Lawyer Abdul Shukor Ahmad, who appeared with Americk, told FMT that politicians and the media looked forward to the Federal Court ruling as it would determine their rights and liabilities.
“This was especially so when another Court of Appeal bench in April had decided otherwise that governments can sue individuals for defamation.”
That court, in a majority ruling, held that the Sarawak Government could file a defamation suit against DAP’s Bandar Kuching MP Chong Chien Jien.