Court dismisses default judgment bid by Na’im against Lokman

Court dismisses default judgment bid by Na’im against Lokman

High Court says the Umno man filed his defence statement against the defamation suit on time.

Chief syarie judge Mohd Na’im Mokhtar (left) is suing Lokman Noor Adam for defamation over the former Umno man’s social media posting.
KUALA LUMPUR:
The High Court here has dismissed an application by chief syarie judge Mohd Na’im Mokhtar to enter a judgment in default against former Umno Supreme Council member Lokman Noor Adam for failing to file a statement of defence in response to his suit.

Based on court documents obtained by Bernama, deputy registrar Nor Afidah Idris dismissed the application yesterday on grounds that Lokman had filed the statement of defence on Feb 11 (Friday).

Lawyer Logen Eskander, representing Lokman, when contacted, said a copy of the defence statement was sent to the office of Messrs Akberdin & Co (the law firm representing Na’im) that day.

The lawyer also refuted a media report yesterday which said that his client had failed to file the defence statement despite being given until Feb 11 to do so.

Na’im filed the application on Monday, claiming that Lokman had failed to file his defence statement within the given period.

Meanwhile, Logen said the court set Feb 21 for case management, while the hearing of the inter parte injunction would be on March 22.

On Jan 20, judge Rozana Ali Yusoff had ordered Lokman to remove all defamatory postings on alleged sexual harassment by Na’im that were uploaded on his Facebook and YouTube accounts within 24 hours of allowing an ex parte injunction application by Na’im.

In the defamation suit filed on Jan 17, Na’im had sought an injunction order for the defendant to remove the video and the posting and an injunction to prevent the defendant from republishing them.

Na’im, 54, who filed the suit in his personal capacity, is seeking damages amounting to RM30 million over allegations of sexual harassment against several women, including a Datin.

Based on the statement of claim, Na’im, who is also shariah judiciary department director-general, filed the suit in his personal capacity, claiming that the defendant had defamed him by making statements through two live posts on the Facebook page “Lokman Noor Adam Official” and also on his YouTube page.

The plaintiff further claimed that the defamatory statements implied that he was a spiritual opportunist, had failed to be a credible leader or set a good example for the community, and tarnished the good image of the department.

He claimed that the defamatory statements had tarnished his reputation, dignity, image and status in the eyes of the public.

Na’im is seeking an injunction for the defendant to delete the videos and the posts, as well as to prevent the defendant from republishing them, besides an apology from the defendant to be uploaded on social media.

He is also seeking general damages to be assessed by the court, apart from exemplary, aggravated and punitive damages amounting to RM10 million each, with 5% interest per annum calculated from the date of judgment until full settlement, as well as other relief deemed fit by the court.

In his defence statement filed on Feb 11, Lokman denied that the posts uploaded on the social media site contained words that defamed the plaintiff and claimed that they were fair comment.

“Through the disclosures, evidence, documentation and also complaints from the victims, it showed that there was an act of sexual harassment committed by the plaintiff and based on all the information received, I believe it is true in fact. It is appropriate for the police or authorities to investigate,” he said.

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