Author Khalid Jafri - found liable for defaming ex-deputy premier Anwar Ibrahim through his book 50 Dalil Mengapa Anwar Tidak Boleh Jadi PM (50 Reasons Why Anwar Cannot Become PM) - today failed to defer a hearing of assessment damages slated for Aug 16.

Kuala Lumpur High Court judge Mohd Hishamuddin Mohd Yunus rejected Khalid's application to stay the assessment of damages pending appeal against his (the judge's) previous decision to allow Anwar's claim for defamation.

Mohd Hishamuddin rejected today's application after hearing it in chambers and took almost two hours to hear arguments from lawyers Sulaiman Abdullah who is representing Anwar and Mohd Khalid Yunus and Raja Singam who represented the author.

"We filed an application for a stay of the hearing on 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 room.

He said the basis of the stay application was also due to the fact that they (Raja Singam and him) were just appointed four days ago to take over previous counsel Shamsul Bahrain.

Lawyer absent

On Jan 20, 2005, Mohd Hishamuddin ruled in favour of Anwar who had sued Khalid and his wife Rozihan A Ghani (sued on behalf of their publishing company, Media Pulau Lagenda) over the book which contained numerous allegations against him.

In his judgment , he stated that the first reason for ruling in Anwar's favour was that Shamsul was absent from the Jan 20 hearing without lawful excuse when it was fixed based on his free dates. He said Shamsul had never requested for an adjournment or applied to be excused from attending the proceeding on Jan 20.

Secondly, the judge said, Khalid and Rozihan failed to serve further and better particulars within the stipulated time to Anwar as directed by the court at the previous case management hearing on Nov 22, 2004.

He said even the information supplied by Shamsul on Jan 11, 2005 following a reminder from Sulaiman on the orders of the court were evasive and meaningless and went to show "the inability on the part of the defendants to substantiate their claim of justification and fair comments".

The third reason, he said, was that the defendants had not been cooperative with their counsel and lacked interest in the proceeding before the court.

Mohd Hishamudin said the fourth reason was that the counsel for the defendants had shown "a lackadaisical attitude towards the proceedings".

"Taking into account the above factors, I was satisfied that it would meet the ends of justice if the defence is struck out and judgement be given for the plaintiff with costs," the judge said.

No participation

Meanwhile, Sulaiman said the quantum of damages hearing will proceed without the participation of Khalid's lawyers.

"The court said that counsel cannot participate in the quantum of damages because the defendants have not complied with the court order. The judge stated they can be present during the hearing but they cannot take part in the proceeding." he said.

Anwar was still deputy prime minister and finance minister when he filed the suit in 1998 against Khalid and his wife.

He later obtained an injunction barring anyone from distributing or selling the book which later became a subject of police investigations against Anwar.

Shortly after, then prime minister Dr Mahathir Mohamad sacked Anwar for alleged sexual misdemeanour. The latter maintained that the accusations were part of a political conspiracy against him.

Khalid, who was awarded a datukship by the Malacca state government last year, also faces a criminal charge of sedition which is ongoing.