Court will not help conceal extramarital affair, says judge

Court will not help conceal extramarital affair, says judge

High Court judge Azimah Omar says the couple had attempted to ‘muddy the walls and floor of the court’.

High Court judge Azimah Omar said the parties involved in the suit would not find any help from the court to be their instrument to deceive and conceal their ‘immoral affair’. (Reuters pic)
KUALA LUMPUR:
A High Court judge, who dismissed a defamation suit brought by a former female aide of an opposition MP, has expressed her strong displeasure at the courts being used to wash dirty linen in public.

Azimah Omar said she could not accept such immoral behaviour nor the couple’s attempt to “muddy the walls and floor of this court” in view of their disingenuous and deceptive attitude, undeniable truth and facts of the duo’s sordid, immoral and inappropriate extramarital affair.

“The parties shall not find any aid from this court to be their instrument to deceive and conceal their immoral affair, which is an affront to public policy to uphold the sanctity, serenity and virtues of matrimony,” she said.

Azimah said any room, however small, allowed to entertain the plaintiff’s sham claim, would only bring about further decay to the public’s sense of morality, decency and integrity.

“Public policy dictates that this court should not expend any time or resources to give any legal remedies to parties who have come to this court with utter deception to conceal their immoral acts and engagement,” she added.

Her harsh remarks were contained in a 43-page judgment released two days ago to dismiss R Indrani’s suit against incumbent Sungai Siput MP S Kesavan.

Azimah, who delivered her oral grounds on June 30, did not order Indrani to pay costs to Kesavan, the first-time MP for the constituency

Indrani filed the suit after the MP denied her accusation that he had sexually harassed her.

Azimah said both had an extramarital affair and this was evident from their conversations via text messages that were produced in court.

Media reports in 2019 said Kesavan and Indrani, both now 50, had lodged police reports against each other.

In her report, Indrani claimed she was a victim of sexual harassment perpetrated by Kesavan since December 2018.

Kesavan, meanwhile, alleged that Indrani was causing him mental torture and trauma.

Azimah, in the judgment, also said when Indrani was cross-examined on her amorous (text message) exchanges with Kesavan, she tried to contend that they were merely an “act” with the consent and knowledge of her husband.

“But it is apparent that no self-respecting husband would have let his wife insult the marriage and the family for a year,” she said.

Azimah said the exchanges also revealed that Indrani and Kesavan had been involved in deceptive planning to avoid detection by their respective spouses.

The judge said at a time when awareness and education for women against sexual harassment is becoming critical, it was appalling that Indrani would recklessly wield the “sexual harassment card” as ammunition to conceal her “lascivious behaviour”.

Similarly, Azimah said it was “disgusting” for Kesavan to unleash his own brand of deception in trying to paint Indrani as the sexual aggressor and seductress.

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