Param's UN immunity appeal judgment postponed
Celine TanPublished: May 16, 2001 5:12 AM | Updated: Jan 29, 2008 6:21 PM
The High Court has postponed delivery of its judgment on an appeal by United Nations Special Rapporteur Param Cumaraswamy against a registrar's decision to dismiss his application to strike out a defamation suit against him.
The High Court has postponed delivery of its judgment on an appeal by United Nations Special Rapporteur Param Cumaraswamy against a registrar's decision to dismiss his application to strike out a defamation suit against him.
Param's lawyers were informed today that the judgment, which was to have been delivered next Monday, will be delivered at a later date to be fixed by the court.
Param is applying to strike out four defamation suits against him on the grounds that, as the UN Special Rapporteur on the Independence of Judges and Lawyers, he enjoyed immunity from civil and criminal litigation in respects of statements made in his official capacity.
His application to strike out the fourth suit was dismissed by the registrar of the High Court in October last year and Param's appeal against this decision was heard by Justice R.K. Nathan in February this year.
An application to strike out the second and third suits and submission of the first suit for case management was heard at the same time. Case management is where a judge sets out the procedure for trial and sets a hearing date for the suit.
The defamation suits were filed against Param by MBF Capital and MBF Northern Securities; lawyer V. K. Lingam; business tycoon Vincent Tan, Berjaya Industrial and Berjaya Corporation (Cayman); and Insas and Megapolitan Nominees respectively, based on an interview Param gave to the International Commercial Litigation in 1995.
The plaintiffs alleged that words used in the interview, entitled "Justice on Trial" and published in the magazine's November, 1995 edition, was defamatory of them.
In April last year, the International Court of Justice (ICJ), also known as the World Court, said in its advisory opinion that Param was entitled to immunity from legal process of every kind in respect to words spoken during the course of his mission as a UN special rapporteur under the UN Convention on the Privileges and Immunities.
The ICJ further directed that the Malaysian government was under an obligation to communicate the World Court's advisory opinion to the Malaysian courts in order to fulfill its international obligations.
The communication was made by Attorney-General Mohtar Abdullah and Foreign Minister Syed Hamid Albar.
However, the High Court registrar dismissed Param's application to strike out the defamation suit on the grounds that his court was not bound by the opinion of the ICJ.
Param's lawyers were informed today that the judgment, which was to have been delivered next Monday, will be delivered at a later date to be fixed by the court.
Param is applying to strike out four defamation suits against him on the grounds that, as the UN Special Rapporteur on the Independence of Judges and Lawyers, he enjoyed immunity from civil and criminal litigation in respects of statements made in his official capacity.
His application to strike out the fourth suit was dismissed by the registrar of the High Court in October last year and Param's appeal against this decision was heard by Justice R.K. Nathan in February this year.
An application to strike out the second and third suits and submission of the first suit for case management was heard at the same time. Case management is where a judge sets out the procedure for trial and sets a hearing date for the suit.
The defamation suits were filed against Param by MBF Capital and MBF Northern Securities; lawyer V. K. Lingam; business tycoon Vincent Tan, Berjaya Industrial and Berjaya Corporation (Cayman); and Insas and Megapolitan Nominees respectively, based on an interview Param gave to the International Commercial Litigation in 1995.
The plaintiffs alleged that words used in the interview, entitled "Justice on Trial" and published in the magazine's November, 1995 edition, was defamatory of them.
In April last year, the International Court of Justice (ICJ), also known as the World Court, said in its advisory opinion that Param was entitled to immunity from legal process of every kind in respect to words spoken during the course of his mission as a UN special rapporteur under the UN Convention on the Privileges and Immunities.
The ICJ further directed that the Malaysian government was under an obligation to communicate the World Court's advisory opinion to the Malaysian courts in order to fulfill its international obligations.
The communication was made by Attorney-General Mohtar Abdullah and Foreign Minister Syed Hamid Albar.
However, the High Court registrar dismissed Param's application to strike out the defamation suit on the grounds that his court was not bound by the opinion of the ICJ.
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