The Appeals Court in Putrajaya today ordered the defamation suit against Wanita Umno information chief Hamidah Osman over the posting of an alleged ‘superimposed’ photograph of Shah Alam Member of Parliament Khalid Abdul Samad clad in a priest’s robe to proceed for trial at the High Court.

A three-member panel led by Justice Ramly Ali unanimously dismissed Hamidah’s appeal to set aside a High Court decision which disallowed her application to strike out the suit filed against her by Khalid.

Justice Ramly, who presided on the panel with Justices Zaharah Ibrahim and Anantham Kasinater, also ordered Hamidah to pay RM5,000 in legal costs.  

Khalid, who is Selangor PAS commissioner III, filed a suit against Hamidah last year over the posting of a superimposed photograph of him on her blog on Jan 2010.

In his statement of claim, Khalid said that the picture portrayed him as a Christian priest and an apostate.

Khalid is claiming an unspecified amount of damages, relief and other costs deemed fit by the court.

On June 1 this year, Hamidah was unsuccessful in her application at the Shah Alam High Court to strike out the defamation suit.

High Court Judge Zainal Azman Ab Aziz had ordered the case to be set for full trial after disagreeing with the submission advanced by Hamidah’s lawyer that the case should have been struck out on grounds that the matter should be heard in the Syariah Court, and not the Civil Court, as it concerned issues on faith.

Hamidah, who is Sungai Rapat assemblyperson, said in her defence that Khalid, as an engineer, did not have the right to spread or preach religious Islamic messages.

Hamidah was represented by lawyer Hafarizam Harun and Khalid by Azhana Mohd Khairudin.

- Bernama