Court dismisses application for judgement in default by syarie judge against Lokman Adam
KUALA LUMPUR - The High Court here has dismissed an application by Chief Syarie Judge Datuk Dr Mohd Na’im Mokhtar to enter a judgment in default against former Umno Supreme Council member Datuk Lokman Noor Adam for failing to file a statement of defence in response to his suit.
Based on court documents obtained by Bernama, Deputy Registrar Nor Afidah Idris dismissed the application yesterday on grounds that Lokman had filed the statement of defence last Feb 11.
Lawyer Logen Eskander, representing Lokman, when contacted said a copy of the defence statement was sent to the office of Messrs Akberdin & Co (the law firm representing Mohd Na'im) on the same day (Feb 11).
The lawyer also refuted a media report yesterday which stated that his client failed to file the defence statement despite being given until Feb 11 to do so.
Mohd Na'im filed the application last Feb 14 through Messrs. Akberdin & Co, claiming that Lokman failed to file his defence statement within the given period.
Meanwhile, Logen said the court set Feb 21 for case management, while the hearing of the inter-parte injunction would be on March 22.
Last Jan 20, Judge Datuk Rozana Ali Yusoff ordered Lokman to remove all defamatory postings on alleged sexual harassment by Mohd Na'im Mokhtar that were uploaded on his Facebook and YouTube within 24 hours after allowing an e ex-parte injunction application by Mohd Na'im.
In the defamation suit filed on Jan 17, Mohd Na'im had sought an injunction order for the defendant to remove the video and the posting and an injunction to prevent the defendant from republishing the them.
Mohd Na’im, 54, who filed the suit in his personal capacity, is seeking damages amounting to RM30 million over allegations of sexual harassment against several women, including a 'Datin'.
Based on the statement of claim, Mohd Na’im, who is also the director-general of the Department of Syariah Judiciary Malaysia, filed the suit in his personal capacity, claiming that the defendant had defamed him by making statements through two live posts on the Facebook page ‘Lokman Noor Adam Official’ and also on his Youtube page.
The plaintiff further claimed that the defamatory statements implied that he was a spiritual opportunist, had failed to be a credible leader or set a good example for the community, and tarnished the good image of the Syariah Judiciary Department.
He claimed that the defamatory statements had tarnished his reputation, dignity, image and status in the eyes of the public.
Mohd Na’im is seeking an injunction for the defendant to delete the videos and the posts, as well as to prevent the defendant from republishing them, besides an apology from the defendant to be uploaded on social media.
The plaintiff is also seeking general damages to be assessed by the court, apart from exemplary, aggravated and punitive damages amounting to RM10 million each, with five per cent interest per annum calculated from the date of judgment until full settlement, as well as other relief deemed fit by the court.
Meanwhile, Lokman in his defence statement filed last Feb 11, denied that the posts uploaded on the social media site contained words that defamed the plaintiff and claimed that there were fair comments.
"Through the disclosures, evidence, documentation and also complaints from the victims, it showed that there was an act of sexual harassment committed by the plaintiff and based on all the information received, I believe it is true in fact. It is appropriate for the police or authorities to investigate,” he said. - BERNAMA
