KUALA LUMPUR – The high court here has dismissed an application by chief shariah judge Datuk Mohd Na’im Mokhtar to enter a judgment in default against former Umno supreme council member Datuk 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 February 11.
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 – on the same day.
The lawyer also refuted a media report yesterday, which stated that his client failed to file the defence statement despite being given until February 11 to do so.
Na’im filed the application last February 14 through Messrs. Akberdin & Co, claiming that Lokman failed to file his defence statement within the given period.
Meanwhile, Logen said the court set February 21 for case management, while the hearing of the inter-parte injunction would be on March 22.
On January 20, Judge Datuk Rozana Ali Yusoff ordered Lokman to remove all defamatory postings on alleged sexual harassment by the chief judge that were uploaded on his Facebook and YouTube within 24 hours after allowing an ex-parte injunction application by Na’im.
In the defamation suit filed on January 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 the director-general of the Syariah Judiciary Department, 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 Syariah Judiciary 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.
The plaintiff is also seeking general damages to be assessed by the court, apart from exemplary, aggravated and punitive damages amounting to RM10 million each, with five per cent interest per annum calculated from the date of judgment until full settlement, as well as other relief deemed fit by the court.
Meanwhile, Lokman, in his defence statement filed on February 11, denied that the posts uploaded on the social media site contained words that defamed the plaintiff and claimed that there were fair comments.
“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. – Bernama, February 16, 2022
