Defamation suit: IGP seeks to cite Papagomo for contempt

Summary

• Inspector-General of Police Razarudin Husain is seeking the court’s leave to commence contempt of court proceedings against blogger Papagomo.

• The top cop claims the blogger violated a civil court injunction order to refrain from issuing defamatory statements, pending disposal of the former’s defamation suit against the latter.

• The plaintiff is seeking damages over the allegation that he was a lackey of Prime Minister Anwar Ibrahim.

Blogger Papagomo could face jail time and a fine if the civil court finds him liable for committing alleged contempt of court.

Inspector-General of Police Razarudin Husain is seeking the Kuala Lumpur High Court’s leave to commence committal proceedings against the defendant, whose real name is Wan Muhammad Azri Wan Deris, over an alleged contravention of an injunction order.

The injunction order, issued by the court on Jan 10, was meant to maintain the status quo by preventing Wan Azri from issuing defamatory statements pending the disposal of Razarudin’s (above) main defamation suit against him.

In the plaintiff’s personal capacity, the top cop is seeking damages over the allegation that he was a lackey of Prime Minister Anwar Ibrahim.

When met by Malaysiakini at the Kuala Lumpur Courts Complex this morning, Wan Azri’s counsel Muhammad Rafique Rashid Ali revealed that Razarudin’s legal team filed the contempt leave application on Friday last week.

Rafique said the court has set an ex-parte hearing (only Razarudin’s lawyers would be present to submit) on Feb 10 to decide whether the plaintiff can get leave to proceed with the committal application.

Only if leave is granted would the court set a separate date for an inter-partes hearing, allowing arguments from both legal teams of the plaintiff and defendant on whether Wan Azri should be cited for contempt.

When contacted by Malaysiakini today, Razarudin’s counsel Raam Kumar confirmed they are seeking leave to proceed with the contempt proceedings.

Raam said the application is linked to a few purported statements by Azri that allegedly contravened the injunction order.

The lawyer also confirmed the Feb 10 hearing.

Defence of justification and fair comment

On Dec 26 last year, Razarudin filed the civil action to seek general, aggravated, exemplary, and special damages.

He sued Wan Azri over YouTube and TikTok videos allegedly accusing the top cop of being a lackey to Anwar.

The plaintiff seeks an injunction to prevent the defendant from further defaming him.

Razarudin is seeking an order to compel Wan Azri to retract the defamatory statements and delete all allegedly defamatory videos, publications, messages, or materials.

The plaintiff also seeks an order for the defendant to issue an apology.

However, in his statement of defence filed on Friday last week, Wan Azri denied defaming Razarudin.

The defendant also raised the defence of justification and fair comment, contending he is ready to prove his statements in court

Wan Azri contended that Razarudin cannot prevent the defendant from exercising the right to free speech and air views in line with existing laws and the Federal Constitution.

The defendant claimed that the lawsuit was an abuse of the court process and an attempt to silence critics of the government such as himself.

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