A three-man panel led by Chief Justice Md Raus Sharif allowed Noor Azman Azemi’s application to obtain leave to appeal on a single legal question to be determined by the apex court.
The question is whether the publication of the contents of a police report by its maker to the public at large is protected by absolute privilege.
The other two judges were Chief Judge of Malaya Ahmad Maarop and Federal Court judge Balia Yusof Wahi.
Noor Azman, now a driver for a private company, had sued Zahida in which he claimed that the actress had wrongfully and with bad intention given defamatory statements in an article published in a Malay tabloid on March 3, 2012 over the loss of RM200,000.
Zahida had then filed a counter-claim against Noor Azman for the return of the RM200,000.
On Feb 26, 2015, the Kuala Lumpur High Court allowed Noor Azman’s claim, ruling that he had successfully proven defamation on a balance of probabilities.
Zahida was ordered to pay RM150,000 in damages to him.
The High Court had also dismissed Zahida’s counter-claim.
On May 16, the appellate court set aside the High Court’s decision .
The Court of Appeal had also allowed the 42-year-old “Anak Mami The Movie” actress’s appeal on her counter-claim against Noor Azman and ordered him to return the RM200,000 to her.
Lawyer Gopal Sri Ram represented Noor Azman while counsel Muhammad Shafee Abdullah represented Zahida.