Published: Friday October 5, 2012 MYT 5:05:00 PM
Case of Canadian teacher and spiteful girlfriend adjourned to Oct 11
By MAIZATUL NAZLINA
KUALA LUMPUR: The High Court here has adjourned to Oct 11 to hear an application by a counsel and hearing of committal proceedings of a defamation suit by a Canadian national teacher against his ex-girlfriend.
High Court Judicial Commissioner Vazeer Alam Mydin Meera fixed the date after counsel Mak Jun Yeen who acted for defendant Lee Ching Yan, informed the court that he had filed an application to withdraw himself as there was no instruction from his client.
JC Vazeer also fixed the same day to hear the committal proceedings against Lee, 28.
Counsel Ken St. James and Harleen Kaur represented plaintiff Lee David Clayworth.
Earlier, James submitted that the committal papers have been served and Friday had been fixed for hearing (of the committal proceedings) and there was no grounds to postpone the proceedings.
JC Vazeer said he would set the date for hearing next week and the defendant should know the consequences of it.
In August, a three-man Court of Appeal panel chaired by Justice Ramly Ali had ruled unanimously that the Lee had to pay general damages of RM750,000 and aggravated damages of RM250,000 to Clayworth.
The damages were for statements made via email, Facebook and other Internet sites, which implied the 33-year-old teacher was, among other things, intoxicated, lustful, a liar, and had made a pornographic video.
In a statement of claim filed on Apr 6 last year, Clayworth said Lee had broken into his residence on Jan 18, 2011, and stolen his property, including his laptop, which she used to send defamatory messages to everyone in his contact lists through his Hotmail, Facebook, Skype, MSN Messenger and email accounts.
Clayworth also claimed Lee had produced photographs of him in the nude and attached them to an email dated Feb 21, 2011, which she had sent to his friends, colleagues and students, including lecturers and staff in his workplace.
The 28-year-old student raised the defence of denial of publication, and filed a counter claim against Clayworth for harassment, which was later dismissed.
Judicial commissioner Vazeer Alam Mydin Meera ruled in Clayworth's favour and awarded him general damages of RM150,000 and aggravated damages of RM50,000.
Clayworth later cross-appealed to the Court of Appeal on the quantum of damages.