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2013 MarsdenLR 1080

COURT OF APPEAL PUTRAJAYA
KHAIRY JAMALUDDIN – Appellant
Versus
DATO SERI ANWAR IBRAHIM – Respondent


Petitioner Advocates:Muhamad Shafee Abdullah,Badrul Munir Mohd Bukhari ,Respondent Advocate: Sulaiman Abdullah,Leela Jesuthasan

Table of Content
1. defenses of justification and prior judgments. (Para 4 , 5)
2. admissibility of criminal judgments in civil courts. (Para 6 , 7)
3. distinction between ratio decidendi and obiter dicta. (Para 8 , 9 , 10 , 11)
4. court's approach to striking out claims. (Para 12 , 13 , 14)
5. complexity in legal issues requires careful consideration. (Para 15)
"to summarise our judgment, even though reading the appeal record, we find evidence to confirm that the appellants were involved in a homosexual activities and we are more inclined to believe that the alleged incident at Tivolli Villa did happen sometime...."

in the judgment of the Federal Court in this case relied upon in support of this defence.

[4] The appellant's pleaded case was that:

"The above quotation clearly means that the Federal Court found the Plaintiff to be involved in homosexual activities. Earlier, the High Court at Kuala Lumpur found the plaintiff guilty on a charge of sodomising one, Azizan b Abu Bakar and the conviction was upheld by the Court of Appeal. In the appeal to the Federal Court, although the plaintiff 's appeal was allowed by the majority of the Federal Court, nevertheless the majority had made a speci

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