Limkokwing University of Creative Technology founder Lim Kok Wing does not need to testify in the defamation suit brought by businessperson Kalimullah Marsheerul Hassan against lawyer Mathias Chang Wen Chieh, the Kuala Lumpur High Court ruled today.

Handing down the decision today, Judge Asmabi Mohamad allowed the subpoena to be set aside after Lim’s lawyer Rajan Navaratnam argued that his client was not a material witness to the case.

Lim’s application was allowed with costs of RM3,000 to be borne by the defendant.

The defendant had subpoenaed three other persons, namely Minister in the Prime Minister’s Department Nor Mohamed Yakcop, Ambank group chairperson Azman Hashim and Umno Youth chief Khairy Jamaluddin, as well as four Securities Commission employees.

Meanwhile, Azman’s lawyer, S Ramesh, retracted the application to strike out the subpoena for his client.  

“I have been instructed by my client to withdraw the application without costs,” he told the court, which was agreed to by Chang’s lawyer, RK Nathan.

Asmabi set Dec 20 for the decision on Nor Mohamed’s application to dismiss the subpoena and will also hear arguments for similar applications by Khairy and the four Securities Commission employees.

matthias chang kalimullah pc 050706 the sun newspaper The suit, filed by Kalimullah on June 29, 2006 seeks RM50 million in damages, costs and interest over alleged defamatory statements uttered against him by Chang ( right ) on June 13 the same year.

The statement was subsequently carried by the Singapore Straits Times through its Malaysian correspondent, Leslie Lau. Chang was alleged to have launched a verbal tirade against the detractors of former prime minister Mahathir Mohamad, singling out Kalimullah.

Kalimullah, a former New Straits Times Press (NSTP) deputy chairperson, claims the words in the article implied that he was dishonest, lacked credibility, is tainted, rotten, faint-hearted, manipulative and betrayed Malaysians.

He also sought an injunction restraining Chang from publishing similar statements.

Chang, a former political secretary to Mahathir, had on July 14, 2006 filed a counter-claim against Kalimullah seeking RM150 million in damages.