KUALA LUMPUR – A judicial commissioner has advised Tun Dr Mahathir Mohamad’s lawyers that their client should get adequate rest and avoid travelling overseas to ensure he is able to attend future trials.
This came after the defamation trial involving Dr Mahathir and Datuk Seri Ahmad Zahid Hamidi, which was scheduled to commence today, was postponed to August 26 as the former prime minister is still hospitalised at the National Heart Institute (IJN).
Judicial commissioner Gan Techiong made this decision after Dr Mahathir’s lawyer, Mior Nor Haidir Suhaimi, informed the court of the former prime minister’s condition.
Dr Mahathir, who returned from London on 14 July, was admitted to IJN on July 15 due to breathing difficulties.
“The specialist attending to Dr Mahathir has strictly advised that he is not allowed to leave the hospital. Consequently, we informed the court via a letter sent on July 17,” Mior said.
Dr Mahathir is expected to testify as the main witness when the trial reconvenes on August 26.
“This is a 2022 matter, so it has been two years…I do wish to proceed with this trial as soon as possible since other dates have been fixed. I also hope Dr Mahathir will recover soon and be well to attend the court on August 26,” Gan said.
“I would – with due respect – suggest that closer to the date, Dr Mahathir could perhaps not go overseas before the trial date and maybe he could have a good rest, so that he will be fit to attend court on the next set date.
“Though we sympathise with him, we cannot keep adjourning (the trial) over the same reason. We did that on February 13, and now we will adjourn again today,” added the judicial commissioner.
“If any reason Dr Mahathir is unfit on August 26, then the second witness should be ready to start. I think it’s a fair proposal. Ideally, Dr Mahathir as the plaintiff should be the first witness,”
Meanwhile, Zahid’s lawyer Mohamed Shahrul Fazli Kamarulzaman conveyed sympathy. He also suggested for the trial to commence on August 26 with Dr Mahathir’s son, Datuk Mukhriz Mahathir, taking the stand. Mukhriz has been named as the second witness in the suit.
The trial was originally scheduled to begin in February but was postponed due to Dr Mahathir’s health condition.
The nonagenarian filed the suit against Zahid on July 20, 2022, in response to Zahid’s comment referring to him as “Mahathir son of Iskandar Kutty” during a keynote speech at a Kelana Jaya Umno division meeting on July 30, 2017.
The suit, filed through Messrs Haidir & Co at the high court, named Zahid as the sole defendant in which Dr Mahathir alleged the Zahid’s statement was false, slanderous and malicious, as well as intended to distort his status as a statesman and influential political figure.
He further claimed that the remarks were meant to tarnish his good reputation, as well as portray him as a liar, untrustworthy and unethical person while holding public office.
The former Langkawi MP is seeking general, exemplary and excessive damages along with an injunction order preventing Zahid or his officers from repeating the defamation statement.
Additionally, Dr Mahathir requests the court to compel Zahid to issue an unconditional oral and written apology, cover the case’s costs and grant other appropriate relief. – July 19, 2024