Apex court to hear bid to reinstate sedition suit against Hadi in April

Apex court to hear bid to reinstate sedition suit against Hadi in April


Two practicing Christians from Sabah will have an opportunity on April 4 next year in their attempt to revive a lawsuit against Abdul Hadi Awang over the PAS president's alleged seditious statement against followers of the faith.

The Federal Court has fixed the date in 2023 to hear an application by Maklin Masiau and Lawrence Jomiji Kinsil @ Maximilhian for leave to commence with the appeal to reinstate the originating summons against the Marang MP.

The two appellants' counsel Marcus Lim confirmed the hearing date when contacted by Malaysiakini this afternoon.

"The Federal Court hearing for leave (to appeal) is fixed on April 4, 2023," the lawyer said.

When reached out by this news portal, Hadi's counsel Yusfarizal Yussof also confirmed the date for the hearing, adding that proceedings would be conducted online to hear submissions from both the appellants and the respondent (Hadi).

In regard to a civil jurisdiction appeal to the apex court, an appellant must first apply for leave to proceed with the appeal. In the event the apex court greenlights this, it would later set a separate date to hear the merits of the appeal.

On May 7 last year, the Kuala Lumpur High Court allowed Hadi's application to strike out the civil action.

The defendant had sought to nullify the lawsuit on grounds that it was frivolous, vexatious, and an abuse of the court process.

Under the law, a successful striking-out bid means the civil action is nullified without its merits being subjected to a full court hearing.

Then on Aug 16 this year, the Court of Appeal denied the two Sabahans' appeal to reinstate the lawsuit. The duo had then gone up to the apex court.

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The Sabahans filed legal action on Dec 9, 2020, over Hadi’s statement published in PAS’ party organ Harakah on Jan 18, 2016.

The duo claimed that the statement was then reported by the online news portal Free Malaysia Today on the same day. A copy of the news report is being relied on by them for the suit.

They sought a declaration that Hadi has committed an act of sedition contrary to Section 3 of the Sedition Act 1948.

They also sought a declaration that the defendant was unfit to hold any position in the government of Malaysia, including that of a position equivalent to a ministerial post.

On April 2, 2020, it was reported that Hadi was appointed as special envoy to the Middle East with a ministerial rank. This took place shortly after the fall of the Pakatan Harapan administration and the emergence of the Perikatan Nasional government (at present, the government is led by Prime Minister Anwar Ibrahim).

In their statement of claim, the two plaintiffs alleged that Hadi’s statement had also cast aspersions on the Christian community in Malaysia.

“We respectfully state that the defendant has made an unfounded statement and cast aspersions on Christians and/or Christian missionaries.

“The defendant’s statement has affected the Christian community in the country and has thus become a matter of public interest.

“However, it has been more than four years since the defendant issued this seditious statement, but no prosecution has been brought against the defendant,” the two plaintiffs alleged.