The Court of Appeal today struck out Youth and Sports Minister Khairy Jamaluddin Abu Bakar's appeal over having to pay RM150,000 damages and RM60,000 costs to former opposition leader Anwar Ibrahim for defaming him.

A three-member bench led by Justice Tengku Maimun Tuan Mat allowed the notice of motion filed by Anwar's lawyers Sivarasa Rasiah and J Leela against the notice of appeal, which was filed on Oct 9 last year.

Sivarasa (photo) told Malaysiakini today that they had objected to the notice of appeal as it was “ambiguous and defective”.

Leela had also said in November that she had received instructions to strike out the notice.

Sivarasa said lawyer Muhammad Shafee Abdullah should have filed two different notices of appeal, as it involved two different decisions of the High Court.

Prior to finding Khairy liable, Justice Azizul Azmi Adnan had also ruled out the minister's application to amend his defence.

"Hence based on the Federal Court decision in the A Santamil Selvi vs Deepak Jaikishian case where Shafee (photo) appeared for Deepak, two separate notices of appeal should have been filed," said Sivarasa who is also Subang MP.

Justice Tengku Maimun in her decision today said Anwar's application fell squarely within the principle in Deepak's case which they were bound to.

"We also agree there is ambiguity in the notice of appeal by the appellant," she ruled after hearing submissions.

The other judges of the panel were Justices Zaleha Yusof and Zabariah Mohd Yusof.

They also ordered that Khairy pay RM10,000 costs. The three-member bench also refused to grant a stay on today's decision.

Shafee indicated to reporters that he will file a notice of appeal for leave to the Federal Court tomorrow.

It was reported on Sept 29 last year that Khairy was found to have defamed Anwar with his “main belakang” (a sodomy innuendo) remark in 2008.

The remark was deemed serious and defamatory, and the minister was ordered to pay RM230,000 in damages and costs.

“I am of the view that the words uttered by the defendant (Khairy) were defamatory of the plaintiff within the reasonable and ordinary meaning to members of the public," he said.