Pahang menteri besar Adnan Yaakob will have his day in court over his defamation suit filed against Umno-owned Utusan Malaysia.

This follows a unanimous decision by a five-member bench at the Federal Court today, led by Chief Judge of Malaya Justice Zulkefli Ahmad Makinudin to reinstate the suit while ordering the matter go for full trial at the Kuala Lumpur High Court, and not allow the matter be summarily dismissed through striking out.

Justice Zulkefli also said that the apex court would not decide on the question of law regarding Derbyshire County Council vs The Times Newspapers Ltd, on whether it is accepted to be part of the common law in Malaysia.

"The appeal (by Adnan) is allowed. The decision of the Court of Appeal (COA) is set aside as it is clearly unsustainable for it to decide on Order 18 Rule 19 of Rules of Court 2012 (to strike out).

"This matter will go for full trial. We did not decide on whether Derbyshire is applicable or not," he said.

The court fixed Feb 22 for case management at the High Court.

The other judges on the bench were Justice Ahmad Ma'arop, Justice Hasan Lah, Justice Aziah Ali and Justice Jeffry Tan Kok Wha.

It was reported that Adnan filed the suit over an article titled 'Hebat sangatkah Adnan' in 2014.

While the KL High Court had dismissed Utusan's application to strike out the suit, the COA had on March 1, last year, ruled to strike it out based on the pleadings in the statement of claim.

It was then that the COA decided to use the Derbyshire case to reiterate that politicians in their capacity as public officials cannot sue and can be criticised, as  it is essential in a democracy where the affected politician can react to criticisms by holding press conferences.

Adnan's lawyer, Americk Sidhu told the bench that this (the suit) was a private action taken by his client and not representing the Pahang state government.

He said that Adnan is certainly the Pahang MB and also a politician and at the end of the day, what remains is whether the appellant has a reputation or dignity to protect.

“That has to go for trial. All this issues including locus standii (legal standing) on whether he filed the suit on his personal or official capacity should be decided after a full trial. He should be asked but in this case, he was not asked,” he said.

He added that his client had not even come to court to say whether he filed the suit in his official or personal capacity.

Lawyer M Reza Hassan appearing for Utusan Malaysia, in return, cited case laws in England, Australia and Canada which allows striking out.

However, Justice Tan asked whether the article was directed at the person rather than the office he holds, where it was plain and obvious that the words Adnan referred to the person.

Reza said if one were to look at the article, it is the criticism of his administration.

However, Justice Zulkefli said this was the reason the trial needs to be revisited as the fact was not determined. 

“Let him (Adnan) have his day in court. He cannot run away from the fact that he is a politician and also an MB, and that he is also a human who has his dignity and reputation (to safeguard)," said Justice Ahmad.

Adnan is seeking general and aggravated damages with his suit.