I am directed to refer to your report entitled Khalid Jafri fails to defer assessment hearing .
We note that there is an inaccurate statement in the report which is as following:
'We filed an application for stay of the hearing on the quantum of damages pending an appeal against the substantive decision (to rule in favour of Anwar). But the judge rejected and ruled that the proceeding on quantum of damages will proceed as scheduled," said Mohd Khalid when met outside the court.'
We respectfully request to put the record straight. At the hearing in chambers before the learned judge on April 20, 2005, there wasn't before His Lordship any application for a stay of the hearing on quantum of damages filed.
Indeed, until today, no such application has ever been filed by the defendants.
In fact, the hearing in chambers before the learned judge on that day was essentially a case management hearing. The learned counsel for the plaintiff, Haji Sulaiman Abdullah, had informed the court that the defendants' solicitors had failed to respond to the letters of the plaintiff's solicitors pertaining to the court's directions of Feb 3, 2005.
At the hearing, the learned counsel for the defendants had applied for an adjournment on the grounds that they had just been appointed. In addition, the counsel also asked for more time to comply with the court's directions given on Feb 3.
After hearing both parties at length, the court rejected the defendant's request for an adjournment and made and order that the defendants be precluded from defending or participating in the assessment of damages proceeding scheduled to be held on Aug 16, 2005.
This ruling was made on the grounds that the defendants had failed to comply with the court's directions issued on Feb 3.
However the defendants and his counsel were permitted to be present to observe the said proceedings.
The writer is the deputy registrar of the Kuala Lumpur High Court (civil division).
Editor's note: The quote was based on what Khalid Jafri's counsel, Mohd Khalid Yunus, had told malaysiakini . As stated above, no application for a stay of hearing on the quantum of damages have been filed by the defendants.
