DAMANSARA lawmaker Tony Pua has failed to obtain leave from the Federal Court to appeal against the appellate court’s decision to uphold the withdrawal of Najib Razak’s defamation suit against him.

The suit is related to the tabling of the Shariah Courts (Criminal Jurisdiction) (Amendment) Bill (RUU355).

A three-member bench led by judge P. Nallini, dismissing Pua’s application, ruled that it does not meet the requirements under Section 96 of the Courts of Judicature Act 1964, which deals with the conditions of an appeal.

“The crux of the submission by Pua’s counsel, Malik Imtiaz, is that his client suffered prejudice because the high court granted an injunction against him, and then, the former prime minister (Najib) suddenly decided to withdraw the suit.

“Therefore, the leave application by the appellant is dismissed,” said Nallini, who presided with justices Zabariah Mohd Yusof and Rhodzariah Bujang.

The court ordered Pua to pay Najib RM20,000 in costs.

The MP was seeking leave to appeal against the October 15, 2019 decision of the Court of Appeal, which partly allowed his bid.

A three-member Court of Appeal bench, led by judge Hamid Sultan Abu Backer, allowed Pua to receive damages after the high court in 2018 granted Najib’s application to withdraw his defamation suit against the former over the tabling of RUU355.

The court also ordered the case back to the high court for the assessment of damages, and set aside the injunction obtained by Najib in his suit.

However, it upheld the high court’s decision allowing Najib to withdraw the suit against Pua.

The Kuala Lumpur High Court, on July 30, 2018, allowed the former prime minister to withdraw the suit, despite Pua’s objection.

Najib sued Pua in his personal capacity, alleging that he made defamatory statements against the former in a two-minute, 21-second video on Facebook.

The high court, on August 4, 2017, granted Najib an injunction to prevent Pua from continuing to make similar statements and air the clip.

Pua failed in his appeal at the Court of Appeal on February 14, 2018 to lift the injunction order granted by the high court to Najib. He then obtained leave from the Federal Court on June 20 the same year to appeal. – Bernama, July 22, 2020.