The case is not a suitable case to be struck off, says the Appeals Court.
The Appeals Court three-member panel led by Justice Ramly Ali unanimously dismissed Khairy’s appeal to get the defamation suit summarily struck out.
Ramly held that the case was not a suitable case to be struck out under the High Court Rules.
“The case should go for trial since there are some uncertainties under Section 43 of the Evidence Act,” he said.
Khairy was appealing against the decision of a Kuala Lumpur High Court which had on Dec 21, last year, rejected his application to strike out the defamation suit.
He had sought to strike out the suit on grounds that the civil suit was frivolous, vexatious and an abuse of the court process.
The panel, also comprising Justices Zaharah Ibrahim and Anantham Kasinater, ordered Khairy to pay RM10,000 in legal cost to Anwar.
Anwar’s counsel Datuk Sulaiman Abdullah told reporters that the High Court had set Nov 14 and Nov 20 for hearing of the suit.
On March 7, 2008, Anwar, who would turn 65 years old tomorrow, filed the suit against Khairy, claiming that the latter, as then Umno Youth deputy chief, had uttered defamatory words and caused the posting on websites, including Malaysiakini.com, a video clip entitled, “Anwar and kin no threat”.
The opposition leader claimed that the video clip on Malaysiakini.com contained defamatory words spoken by Khairy at a ceramah in Lembah Pantai, here, on or about Feb 20, 2008.
Khairy, in his statement of defence filed on Oct 8, 2010, said he relied on the defence of justification and qualified privilege.
Khairy was represented by lawyer Muhammad Shafee Abdullah.