Boutique investment company ECM Libra Bhd has obtained an ex-parte injunction to stop PAS online organ Harakahdaily from further publishing a report that allegedly defamed its director Khairy Jamaluddin.

The injunction dated Feb 8, 2006 - by a Kuala Lumpur High Court deputy registrar Madihah Harullah - was served to one of the workers of Edisi Prima Sdn Bhd - the company which manages the website.

Harakahdaily editor Zulkifli Sulong ( right ) confirmed that one of his staff was served the document but stressed that he could not comment until the lawyers are consulted.

"The order also stated that the inter-parte hearing of the injunction will be heard on Feb 27. So we don't know whether this injunction will remain," he said when contacted

It is believed that the injunction - which named PAS vice-president Husam Musa ( left ) and Edisi Prima as the first and second defendants - is the first in Malaysia against a website.

The court order follows the letters of demand the company sent earlier to Husam and the website in which it claimed to have been "seriously defamed" by Husam's statement entitled ' Bagaimana Khairy membeli saham ECM Libra ' (How did Khairy purchase ECM Libra shares?) posted on the website on Dec 29, 2005.

Among others, it barred the website and Husam and their "agents or servants" to repeat or publish the words and allegations as contained in the above report or other similarly defamatory words against the company.

It also restrained both defendants from repeating or publishing the words as contained in another report entitled ' Surat saman ECM Libra tidak akan hentikan saya - Husam ' (The demand letter from ECM Libra will not stop me - Husam) posted on the website on Jan 9, 2006.

In the second report, Husam among others stated that the legal threat by ECM Libra will not stop him from his quest to take on the government and its officials on questionable business transactions.

Defamatory words

A copy of the injunction - filed via legal firm Messrs Bodipalar Ponnudurai Nathan - was made available to malaysiakini .

It was revealed that the ex-parte application was heard in the chambers of High Court judge Tee Ah Sing on Jan 27, 2006.

The application was supported by an affidavit affirmed by the company's chairperson Kalimullah Masheerul Hassan who is also New Straits Time's editor-in-chief.

The three-page court order among others stated: " the defendants be restrained and an injunction be granted restraining the defendants by themselves or by their servants and/or agents howsoever otherwise from further publishing or causing to be published on the internet or in any form of media whatsoever, including but not limited to the website known as hhttp://www.harakahdaily.net, words as contained in the article .... or any words similarly defamatory of the plaintiff."

The order also warned Edisi Prima and Husam that failure to comply might result in a contempt proceeding which would eventually force them to submit to the order.

Meanwhile, Husam, who is Kelantan state executive councillor, said that he has not been served the order.

"It is probably due to the fact that it is a public holiday here today in Kelantan. So I expect it will come soon. I will contact my lawyer before making further statements," he added.

On Dec 28, 2005 Khairy ( photo ) - who is also Umno Youth deputy chief and son-in-law of Prime Minister Abdullah Ahmad Badawi - was reported to have acquired a three percent stake valued at RM9.2 million in ECM Libra, of which he has been a director since July 2004.The company also has a number of politically well-connected individuals on its payroll.

Exchange filings showed that Khairy bought 13 million shares at 71 cents per share in three separate transactions from Kalimullah, chief executive officer Lim Kian Onn and chief operating officer Chua Ming Huat.