Suit against Hadi dismissed
PUTRAJAYA - The Federal Court here on Tuesday dismissed the petition of two Sabah Christians to reinstate the lawsuit against Pas president Tan Sri Abdul Hadi Awang over the issue of incitement against the religion seven years ago.
The unanimous decision was made by a panel of three judges chaired by Malaya Chief Judge Datuk Mohamad Zabidin Mohd Diah, after finding the application was made without following regulations.
Also sitting were Federal Court Judges Datuk Mary Lim Thiam Suan and Datuk Harminder Singh Dhaliwal.
The court did not make any order regarding costs.
During the online proceeding lawyer R. Kengadharan appeared on behalf of Maklin Masiau and Lawrence Jomiji Kinsil @ Maximilhian while Hadi was represented by lawyer Yusfarzal Yussof.
On Dec 9, 2020, Maklin and Lawrence as plaintiffs filed the summons by claiming the former Prime Minister's Special Ambassador to the Middle East with a minister ranking had released an inciting statement regarding Christians or missionaries.
They claimed Hadi had made the statement and it was aired in Harakah news on Jan 18, 2016.
On May 7, 2021, the Kuala Lumpur High Court dismissed the suit with the punitive cost of RM100,000 after finding the actions were frivolous and an abuse of the court process.
The Court of Appeal on Aug 16, 2022 maintained the High Court's decision on the base that the suit could not be defended and must be dismissed.
Both plaintiffs through the original suit sought a declaration that Hadi committed seditious acts contrary to Section 3 of the Sedition Act 1948 and a declaration that the defendant is not eligible to hold any post in the government including a post equivalent to a ministerial position.
