Lawyers seek gag order after Aliff Syukri’s ‘hahaha’ post during defamation trial

KUALA LUMPUR – Counsel for former Culture, Arts and Tourism Minister Tan Sri Abdul Kadir Sheikh Fadzir informed the High Court on Wednesday that they will file applications for contempt of court and a gag order against businessman Datuk Seri Aliff Syukri Kamarzaman.

The move follows a social media post by Aliff commenting on Abdul Kadir’s defamation suit on the second day of the trial.

Lawyer Ravichandaran Selliah, representing Abdul Kadir as the plaintiff, stated that despite the court’s earlier advice to the entrepreneur to refrain from making public statements, the defendant had repeated the conduct.

“His actions must be stopped immediately because they may prejudice the case and my client, thereby affecting the administration of justice.

“This is because the post has been viewed by millions of his followers and was quoted by two media outlets, including an entertainment news portal,” Ravichandaran said.

He argued that the statements appeared intended to elicit public sympathy and cast the former Kulim–Bandar Baharu Member of Parliament in a negative light.

He added that Aliff’s personal remarks had the potential to undermine public confidence in the judicial system and tarnish the sanctity of the court.

To this, lawyer Zulfahmi Abu Bakar, representing the cosmetics entrepreneur as the defendant, stated that an initial post containing the caption “hahaha” had been removed immediately.

He contended that the post was merely social media sharing and would not interfere with the judicial process.

“Regarding the interview post by the media, I have yet to examine whether my client was contacted by the media on or before Monday. We also cannot control what news the media chooses to publish,” Zulfahmi said.

He argued that Aliff’s statements were not intended to exert pressure on the court or influence the outcome of the case.

He expressed confidence that the court would remain impartial and would not be swayed by comments from internet users, concluding that a gag order and contempt proceedings were unnecessary.

The proceedings before Judge Roslan Mat Nor are set to resume at 2pm on Thursday.

On Sept 6, 2023, Abdul Kadir filed the lawsuit seeking RM70 million in damages for libel.

The former Information Minister claims that a statement made by Aliff on July 2, 2023 falsely implied that the plaintiff owed the defendant millions of ringgit.

Abdul Kadir is seeking an unconditional apology and a written undertaking from Aliff to cease publishing defamatory statements.

In his statement of defence, Aliff claimed he had made an investment payment of RM30 million under a joint venture agreement dated Nov 26, 2018, involving the plaintiff, the defendant and two companies.

The defendant alleges that the parties failed to repay the invested funds.