Defamation: Minister seeks judgment in default against Papagomo

Minister in the Prime Minister’s Department (Religious Affairs) Mohd Na’im Mokhtar will file a court application for judgment in default of defence (JID) against controversial blogger Papagomo.

This followed on the heels of the defendant, whose real name is Wan Muhammad Azri Wan Deris, not yet filing an appearance in the Kuala Lumpur High Court after the civil action was filed on Oct 19 last year.

When contacted, Na’im’s counsel Akberdin Abdul Kader confirmed they would be filing the application, which could result in Azri being ordered to pay general, exemplary, aggravated, and punitive damages to be determined by the civil court.

The lawyer said that initially, they had filed a judgment in default of appearance against Azri, but judicial commissioner Leong Wai Hong during court proceedings today advised them to file a JID instead.

It is understood this was due to the nature of the relief sought by Na’im (above) via the defamation action.

The lawyer added that the judicial commissioner gave the plaintiff time until the next case management on March 27 to file the bid.

Azri was not represented during the online proceedings.

Under the law, a defendant has 14 days from being served copies of a civil action to enter an appearance in the civil court.

According to a copy of Na’im’s affidavit of service, the plaintiff’s lawyers had served the defamation suit on Azri at the defendant’s two known addresses and via email between Oct 25 and 26 last year.

Checks on the judiciary's online filing system do not show any memorandum of appearance filed by Azri or his legal team against Na'im's lawsuit.

Malaysiakini is attempting to reach out to Azri’s legal team over the matter.

Sexual harassment claim

Na’im, who was a former chief syariah judge, is suing Azri over a Facebook post.

The plaintiff claimed that the defendant’s posting also included a six-minute 41-second TikTok clip which touched on DAP lawmaker Howard Lee quoting verses from the Quran.

Na’im claimed that Azri in the Facebook posting that enclosed the TikTok video had linked the minister to the sexual allegation.

In rubbishing the allegation as untrue, the plaintiff contended that the post implied among others that he rode on the coattails of religion while being saddled with the sexual claim.

Na’im also claimed that the post implied he colluded with DAP for his personal interest while sidelining the interests of the Muslim community.

Through the lawsuit, the minister seeks multiple reliefs, including court orders for the blogger to make an unequivocal public apology, permanently delete the online posting, and never repeat the allegedly defamatory statement.

Na’im also seeks unspecified general, exemplary, aggravated, and punitive damages, 5 percent annual interest on the awarded sum, costs, and any further relief deemed fit by the court.

On Jan 12 last year, it was reported that the police launched an investigation over claims that a then senior judge had purportedly sexually harassed a married woman in 2020.

The senior judge later lodged a counter police report against his accuser, claiming he was falsely accused.

Na’im also previously sued Umno supreme council member Lokman Noor Adam over online postings regarding the allegation.

Lokman had publicly apologised before the civil court to settle the defamation suit.

Court orders blogger to remove FB post 'linking' minister to sexual claim

Defamation suit: Azri again denies he is blogger Papagomo

Syariah judge, Lokman settle defamation suit

Lokman deletes all postings on alleged sexual harassment by judge

Syariah officers group divided over sexual harassment claim against top judge