The Federal Court today dismissed the appeal by Senator S Nallakaruppan and Utusan Malaysia's notice of motion to include the majority's judgment in Anwar Ibrahim's sodomy I decision as part of their statement of defence.

This followed a three-member bench led by Chief Judge of Sabah and Sarawak Justice Richard Malanjum dismissing the motions by the two.

It was reported last year that the Court of Appeal had struck out that portion of the majority judgment on Anwar's sodomy case in 1998 which Nallakaruppan and two others including Utusan had used in their defence statement.

This followed Anwar's RM100 million suit against Nallakaruppan and Utusan following a front page report titled ‘Anwar biseksual, tak boleh jadi Ketua Pembangkang - Nalla’ (Anwar is bisexual, can’t be Opposition Leader – Nalla) published in 2012.

Anwar’s statement of claim said the words in the article were false, baseless and published with malicious intent and he is seeking RM100 million in general, aggravated and exemplary damages, costs and other relief deemed fit by the court.

The other Federal Court judges today were Justice Abu Samah Nordin and Justice Zaharah Ibrahim.

With today's decision, the matter will revert back to the Kuala Lumpur High Court on Thursday to possibly fix a hearing date.

Anwar was represented by Sivarasa Rasiah and Shahid Adli Kamarudin. Senior lawyer Muhammad Shafee Abdullah appeared for Nallakaruppan.

Shahid Adli when contacted told Malaysiakini that the court ordered Nallakaruppan and Utusan to pay total costs of RM15,000.

It was reported that Nallakaruppan and Utusan wanted to bring then Federal Court judge Justice Abdul Hamid Mohamad's 2004 judgment where the majority judgment in dismissing Anwar's guilt in sodomy I had commented that the judge believed the incident did happened.