Anwar obtains interim restraining order against Sanusi

The High Court in Alor Setar has allowed Prime Minister Anwar Ibrahim’s bid for an interim injunction against caretaker Kedah menteri besar Muhammad Sanusi Md Nor.

The Pakatan Harapan chairperson’s counsel Sankara Nair confirmed with Malaysiakini on the civil court allowing the ex parte application in relation to Anwar’s defamation suit against the Perikatan Nasional election director.

Tambun MP Anwar is suing Sanusi over an election campaign speech in Tambun in November last year in the run-up to the 15th general election (GE15), whereby the defendant was alleged to have said that the plaintiff is “out of akhlak (morals)”.

Sankara said that the order was issued yesterday pending the disposal of the main civil action.

“Despite being fully aware of the pending suit and being represented by solicitors, Sanusi has obstinately and recalcitrantly pursued in repeating similar defamatory utterances and statements (as per the pending suit), in relation to Anwar’s previous criminal trials,” the lawyer claimed.

Sankara alleged that the utterances were made during two ceramah, namely at "Jelajah PN Best Negeri Sembilan" in Nilai, Negeri Sembilan on March 18, and "Jelajah Selangor Baharu-Selayang" at Selayang, Selangor, on July 11.

A stern warning

The lawyer said that Anwar then filed the interim injunction application, which was heard and allowed by civil court judge Mahazan Mat Taib yesterday, adding that a copy of the order was served on Sanusi’s legal team today around 12.30pm.

“The effect of the interim injunction is that Sanusi is restrained from repeating, uttering and publishing statements at, inter alia, any ceramah, events, interviews, postings or publication in the media against the prime minister.

“In the event he repeats the same and commits a breach of the terms of the injunction, a copy of which is hereby attached, it would amount to a contempt of court and he will be subjected to committal proceedings and be liable to damages.

“Sanusi is therefore given a stern warning to abide by the terms of the injunction or else, he shall swiftly face all legal consequences,” Sankara said.

Malaysiakini is attempting to reach out to Sanusi’s legal team for a response on the matter.

According to a copy of the court order dated yesterday, Sanusi must comply with the interim injunction upon being served a copy.

The order stated that the defendant is restrained from repeating the alleged defamatory statement as contended by the lawsuit, pending the disposal of the main civil action or until any further order from the court.

Sanusi wants to prove it in court

In his statement of defence filed on Feb 13, Sanusi contended his speech was backed by public records about Anwar’s Sodomy 1 case and other moral-related matters.

The caretaker Kedah menteri besar said he is ready to prove in court the contents of his speech by referring to the 2004 Federal Court remark about the plaintiff’s sodomy matter, among other matters, widely known by the general public.

Meanwhile, in his reply filed on March 13, Anwar claimed that not only Sanusi’s reliance on the Sodomy 1 matter mere hearsay but that the Yang di-Pertuan Agong’s royal pardon given on May 16, 2018, had fully erased the plaintiff’s previous criminal convictions.

The plaintiff contended that as the royal pardon in effect had restored him into a person who is not guilty, then the defendant’s related statements are defamatory and actionable.

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