Umno Youth chief Khairy Jamaluddin was successful today in his appeal to set aside a judgment in default entered against him following a RM100 million defamation suit filed by opposition leader Anwar Ibrahim.

Judicial commissioner Zabariah Yusof decided there was improper service of the suit on Khairy.

anwar khairy 150807 “The service of the writ of summons is irregular as it should have been served personally on him.”

Zabariah, who made the decision in chambers, also ordered costs of RM4,000 to be paid by Anwar.

Following this, Khairy has 14 days from today to file his statement of defence.

The matter will then go for a full trial.

Lawyer Muhammad Shafee Abdullah appeared for Khairy, and Sankara Nair for Anwar.

Anwar will appeal

Sankara indicated that Anwar will appeal today’s decision.

raja petra shafee abdullah sedition case 150808 04 Shafee ( right ) said the writ should have been sent personally to Khairy at his home address.

However, Sankara told reporters that the writ was sent to Akademi Putera, which is the Umno Youth office on the 37th floor of Menara Dato' Onn, PWTC, Kuala Lumpur.

The lawyer said when they sent a letter of demand earlier to the same address requiring an apology, Khairy’s lawyer had acknowledged and replied to the letter.

“When we sent the suit via AR registered to the same address, Khairy failed to enter an appearance in court as required.”

Hence, Sankara said that is why we will appeal today's decision.

On Dec 4, 2008, the Kuala Lumpur High Court entered the judgment in default against Khairy, after the Rembau MP failed to enter a notice of appearance after the suit was served on him.

Khairy had tried to set aside the order, only to be dismissed by the High Court on May 31, 2010, resulting in this appeal against the dismissal of the application.

Anwar, 63, in his RM100 million suit claimed that Khairy, who was then Umno Youth deputy chief, had uttered defamatory words which meant he was involved in activities contradictory to Islam, did not have good character and was not fit to hold political positions.

Such remarks made by Khairy at a ceramah in Lembah Pantai in Kuala Lumpur on Feb 20, 2008, resulted in postings on websites including Malaysiakini.com , of a video clip entitled “Anwar and kin no threat”.

The opposition leader also claimed Khairy’s statements on his sexual orientation had put him in bad light and painted a picture of him as a deviant and not a good Muslim.

The Permatang Pauh MP claimed Khairy's statements were lies, baseless and without truth.

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