The Court of Appeal today granted a stay to businessman KS Nallakaruppan from submitting particulars as requested by Opposition Leader Anwar Ibrahim on allegations that the latter had received RM60 million from gaming company.

nallakaruppan and miup party 211107The stay was granted to Nalakaruppan, who is the president of Malaysian Indian United Party, following his appeal against a High Court decision on Nov 16 which ordered him to furnish proof of his allegations that Anwar had received the money when he was the deputy prime minister.

The High Court decision had compelled Nallakaruppan to provide particulars of persons and details of the alleged transaction.

Nallakaruppan had made the claim at a ceramah and Anwar subsequently filed a RM50 million suit against his former tennis partner.

The Court of Appeal's decision was a majority decision with justices Tengku Baharuddin Tengku Mahmud and Abu Samah Nordin allowing the appeal while Mohd Hishamudin Mohd Yunus dissenting.

Nallakaruppan's counsel, Cecil Abraham submitted that the stay application should be granted as there were special circumstances in that his client's appeal would be rendered nugatory if it was not allowed.

"Furthermore, a stay would not prejudice any decision when Nallakaruppan's appeal is heard," he said.

Abraham also told the judges that if his client were to provide details, it may endanger the person involved.

"This is also not a monetary judgment, as the order is only for my client to provide further particulars."

Anwar's lawyer Karpal Singh meanwhile said the matter had gone through the deputy registrar and a High Court judge who had affirmed the first decision.

"The facts are not evidence in question," he said.

Grounds of suit

At a ceramah in Permatang Pauh on Aug 23, 2008, Nallakaruppan claimed he had handed RM60 million from a gaming company personally to Anwar in 1998 for an undisclosed purpose.

He alleged that Anwar had approved many gambling licences and four-digit lottery shops when he was the finance minister and deputy prime minister.

In his suit filed against Nallakaruppan on Aug 25 last year, Anwar said the claims meant that he (Anwar) was corrupt, insincere and had committed offences under the Prevention of Corruption Act 1997.

The suit also declared that in making the statement, Nallakaruppan had implied Anwar has low morals and is not a good Muslim.

Nallakarupan, he further said, had acted with bad intention in making the allegation, thereby hurting his reputation as it was published in the local and international media.

Anwar is seeking RM50 million in damages along with aggravated and exemplary damages.