KUALA LUMPUR: Tan Sri Muhyiddin Yassin has failed in his bid to obtain an injunction to restrain Umno Supreme Council member Datuk Dr Mohd Puad Zarkashi from republishing alleged defamatory statements on his Facebook page.
The former prime minister's bid is in relation to his defamation suit against Mohd Puad over statements on the quarantine order.
High Court judge Datuk Seri Mohd Firuz Jaffril dismissed Muhyiddin's application noting that Mohd Puad had already taken down the impugned statement from his Facebook page.
The judge at the same time rejected Mohd Puad's application to set aside the ad interim injunction against him previously obtained by Muhyiddin.
In his judgement, Mohd Firuz said the court found that there was no necessity to deal with the application as it has lapsed.
This, he said was because Mohd Puad had already complied with the (previous) interim injunction order to take down the impugned statement, which became the subject matter of Muhyiddin's legal action.
He said however, all is not lost for Mohd Puad as he still has a chance to suceed in the trial if he manages to prove that the contents of the impugned post was 'vague'.
"Last but not least, the impugned posting has been taken down. In these circumstances, I am not inclined to allow the application for an interim injunction," the judge said.
Mohd Puad was present during the the proceeding.
Muhyiddin filed the defamation suit against Mohd Puad on March 1, over a Facebook post made by the latter.
Muhyiddin had also on the same day, obtained an ad interim injunction to stop the former deputy education minister from making any further statements relating to the issue.
Mohd Puad, took down his Facebook post a few days later, complying with the interim court injunction.
According to the statement of claim, Muhyiddin said Puad had tarnished his integrity and goodwill, and eroded public confidence in him.
He claimed that the statement made by the defendant had caused him to be brought into public scandal, odium and disrepute as it contained plainly untrue, unwarranted and mischievous statements against him.
Muhyidddin is seeking general, exemplary and aggravated damages, among others.
He is also seeking an injunction to restrain Puad or his associates or representatives from publishing, posting, sharing the Facebook post or continuing to do so, as well as an injunction to stop such actions in relation to statements similar or related to the Facebook post.
The former prime minister is also seeking a court order for Puad to immediately, prominently and permanently publish an unequivocal public apology on his Facebook page "Dr Puad Zarkashi" in terms to be dictated by Muhyiddin.
The court has set Dec 9, for case management.
During the proceedings, lawyers Datuk DP Naban and Rosli Dahlan appeared for Muhyiddin while Mohd Puad was represented by lawyers G. Rajasingam and Shahrul Fazli Kamarulzaman.