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2014 MarsdenLR 180

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


Table of Content
1. initiation of defamation action by plaintiff. (Para 1 , 2)
2. defense procedures and court orders. (Para 3 , 4 , 5)
3. defendant's amendment for justification. (Para 6)
4. plaintiff's opposition to defendant's amendments. (Para 7 , 8)
5. legal framework for amendments in court. (Para 9)

[1] On 7 March 2008, the plaintiff (the respondent in this appeal) filed this defamation action against the defendant (the appellant in this appeal) in respect of certain remarks made by the defendant during a political speech on 20 February 2008 at Lembah Pantai, Kuala Lumpur. During the speech, the defendant uttered the words "DAP main PAS dari kanan, PAS main DAP dari kiri, Anwar main dua-dua dari belakang", which the plaintiff contends is defamatory of him. The defendant has, through his lawyer's letter dated 6 March 2008 in response to the plaintiff's letter of demand, admitted uttering the impugned words.

[2] At the material time in February 2008, the plaintiff was the advisor to Parti Keadilan Rakyat Malaysia, and the defendant, the Deputy Youth Chief of the Youth Wing of UMNO.

[3] The defendant filed his defence on 21 October 2010 relying, inter alia, on the defences of justifica

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