The Court of Appeal today upheld the decision of the High Court in Kuala Lumpur not to grant leave to Bersatu deputy president Mukhriz Mahathir to cite Prime Minister Najib Abdul Razak for contempt.

The three-member bench dismissed Mukhriz's appeal to cite Najib for contempt with regard to his comments on Facebook.

Najib's comments had been published six days before the court heard Mukhriz's defamation suit against the prime minister's press aide Tengku Sarifuddin Tengku Ahmad.

In dismissing the appeal, Justice Tengku Maimun Tuan Mat said there was no procedural error by High Court judge Justice Ahmad Zaidee Ibrahim to direct Mukhriz's lawyer, Mohd Haniff Khatri Abdulla, to serve the documents to Najib's lawyers before the ex-parte hearing for contempt was held.

"There was no error in Order 52 (3) of the Courts of Judicature Act as the judge was acting on his discretion in wanting the documents to be served before the ex parte hearing.

"On the second issue, the bench found there is no prima facie case (to grant leave for contempt) against Najib for making the statement on his Facebook. The High Court judge was right in using his discretion in not seeing there is a prima facie case," she added.

The other two judges were Justice Abdul Rahman Sebli and Justice Hasnah Mohamed Hashim.

It was reported that Mukhriz wanted Najib (photo) to be cited for contempt as his statement on Facebook was similar to the third and fourth paragraphs in Tengku Sarifuddin's statement, which are the subject of the defamation suit. 

'The judge had erred'

Haniff, in his appeal for Mukhriz, argued that Najib's statement, made six days before the trial on July 13, was tantamount to contempt and sub judice as it was aimed at exerting pressure on the court.

He also argued that the judge had erred in wanting him to serve the documents to Najib's lawyer Mohd Hafarizam Harun.

"Najib must have known the case was going on as it involved his aide," he said.

In dismissing the leave for contempt on July 29, High Court judge Ahmad Zaidi ruled that Najib's statement did not indicate that the prime minister was referring to the ongoing court case between Mukhriz and Tengku Sarifuddin. 

Therefore, the judge said, Mukhriz had failed to prove a prima facie case against Najib for leave to be granted to cite the latter for contempt.

In his submission today, the prime minister's lawyer Hafarizam also argued that nowhere in the statement did his client refer to the trial in question.

In his statement on Facebook, Najib had said that Dr Mahathir Mohamad was obsessed with saving his family's legacy and making his son Mukhriz the prime minister.

He added that Mahathir's quest to unseat him cannot be allowed to succeed or the former prime minister might even demand the resignation of future prime ministers. 

Mukhriz's defamation suit against Tengku Sarifuddin resumes on March 2, 15 and 16.

Following today's decision, Haniff said he would seek instructions from his client on whether to file leave to appeal the matter in the Federal Court.