This article first appeared in The Edge Financial Daily on March 7, 2019 - March 13, 2019

KUALA LUMPUR: The High Court here has ordered that the defamation suit by Federal Territories Minister Khalid Abdul Samad against activist Wan Asshima Kamaruddin, for her post claiming that the minister supported a gay festival, will go to trial.

This follows after Judge Datuk Nik Hasmat Nik Mohamad dismissed Khalid’s application to strike out Wan Asshima’s defence of the suit.

“The court ruled that there are triable issues and that the matter should proceed to trial,” said Khalid’s lawyer, Rafiqree Hamka.

The decision was delivered in Nik Hasmat’s chambers yesterday.

According to Wan Asshima’s lawyer, Wan Rohimi Wan Daud, the court also ordered Khalid to pay RM3,000 in costs.

Wan Rohimi said Khalid tried to strike out the defence of fair comment, qualified privilege and justification, but the judge rejected all the arguments.

“The defence cited remains intact and we will go for trial,” said the lawyer. Rafiqree, who appeared with lawyer Mohamed Ashmeer Mohd Ashraf, said the court had fixed April 9 for case management.

“We will seek instructions from Khalid on whether to appeal [against] today’s (yesterday) decision,” said Rafiqree.

Wan Rohimi said the court also advised the parties to consider going for mediation.

Khalid, who is the Parti Amanah Negara communications director, filed the suit on Sept 13, 2018 against Wan Asshima, who is the Gerakan Muslimah Islam Malaysia leader, for posting a video which was uploaded on her Facebook page claiming the minister supported a gay festival in August.

She removed the posting but refused to apologise.