Tony Pua gets to appeal against injunction on 1MDB video (Updated)

PUTRAJAYA: The Federal Court has granted leave to Damansara MP Tony Pua to appeal against an interim injunction obtained by former prime minister Datuk Seri Najib Abdul Razak regarding a video on 1Malaysia Development Berhad (1MDB), which was uploaded on Pua's Facebook's page.

The three-man bench led by Chief Judge of Malaya Tan Sri Ahmad Maarop, who chaired the three-member panel, agreed that there are questions regarding the case that need to be answered in court.

"This case involves questions of importance upon which further argument is needed. It is the decision of this court that the application for leave to appeal is allowed," he said in delivering the decision.

The judges allowed four legal questions raised by Pua's lawyer Datuk Malik Imtiaz Sarwar, which will be debated in court at a date yet to be fixed.

The other judges on the panel were Datuk Seri Balia Yusof Wahi and Datuk David Wong.

Pua challenged the Court of Appeal's judicial notice which stated that Najib had committed no wrongdoing in relation to the 1MDB issue.

"Just because the Attorney-General says that he will not prosecute Najib, that does not mean one cannot bring a civil case to prove the matter," Malik said in his argument.

He said the Court of Appeal had also concluded that what Pua said about the former prime minister was untrue.

Najib's lawyer Datuk Mohd Hafarizam Harun said leave should not be given as Pua can argue his points in court during the defamation trial.

Najib filed a defamation suit in relation to the video posted on Pua's Facebook page on the tabling of the Shariah Courts (Criminal Jurisdiction) Act 1965 (Act 355), also known as RUU355, alleging that the tabling of the bill was an attempt to divert attention from 1MDB.

On Feb 14, the Court of Appeal rejected Pua's appeal to lift an interim injunction obtained by Najib to restrain him from publishing the alleged defamatory video clip.

In a written judgment, Court of Appeal judge Datuk Yaacob Md Sam said the court ought to take judicial notice of the fact that the then Attorney-General Tan Sri Mohamed Apandi Ali had made a decision that Najib had done nothing wrong in the 1MDB issue.

The judge said investigations were also carried out by MACC, the police, Bank Negara and the Attorney-General's Chambers (AGC), the result of which had been disclosed to the public by the AGC that Najib had done no wrong.