Lawyers representing New Straits Times Press (NSTP) and blogger Ahirudin Attan have agreed to refrain from publishing anything that risks prejudicing a defamation suit that is pending hearing.

The statement was recorded this morning before Justice Hishamuddin Yunus in chambers at the civil high court in Wisma Denmark, Kuala Lumpur.

"The parties agree to henceforth not publish any articles, comments or posts regarding the dispute presently before the fact in this action that may be regarded as subjudice or that may prejudice the fair trial of the case," the statement reads.

Ahirudin, also known as Rocky, was given the weekend to decide whether he wanted to remove alleged subjudice comments left in his blog Rocky's Bru, after lawyers representing NSTP raised concerns last Thursday.

His lawyer Edmund Bon told malaysiakini that the removal of comments was not a concession to NSTP's demands.

"Rocky took down his comments over the weekend. It was not done because of NSTP's request but out of respect for due process of the law," he said.

The court will hear Ahirudin's application to strike out the defamation suit on Feb 22.

The grounds raised were that:

  • the suit filed did not state clearly which alleged defamatory posts refers to which of the plaintiffs;
  • the defendant would have trouble defending himself because of such unclear pleadings;
  • the defendant is placed in a position where he does not know what case he is facing;
  • some paragraphs refer to posting which are not part of the 48 postings that plaintiffs want removed; and
  • the process of discovery of the trial is akin to a 'fishing expedition'- the pleadings must first be concrete instead of being revealed during trial.

Ahirudin is being sued by NSTP, its deputy chairperson Kalimullah Hassan, chief executive officer Syed Faisal Albar, group editor-in-chief Hishamudin Aun and former group editor Brenden Pereira.

Appearing for Ahirudin were Bon and Malik Imtiaz Sarwar. Lawyers Cecil Abraham, Sunil Abraham and Rishwant Singh appeared for the plaintiffs.

Ahirudin and another blogger, Jeff Ooi, revealed on Jan 18 that they were being sued for defamation by NSTP.

Ooi of Screenshots fame is sued by NSTP, Kalimullah, Hishamuddin and Pereira. Met in court today, he said his lawyer filed an application last Friday to strike out the defamation suit.

NSTP has obtained an interim injunction ordering Ooi to remove the 13 alleged defamatory postings on his blog. However, a full application is due to be heard tomorrow.