Don’t go overseas, judicial commissioner tells Dr Mahathir as 2022 ‘kutty’ defamation suit against Zahid delayed again

KUALA LUMPUR, July 19 — Judicial Commissioner Gan Techiong has advised former prime minister Tun Dr Mahathir Mohamad to refrain from travelling abroad to ensure his civil suit against Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi proceeds without further delay.

The suit, initiated by Dr Mahathir in response to Zahid’s remarks about his ancestry in 2022, faced another postponement, news outlet The Edge reported today.

On Friday, Dr Mahathir’s lawyer, Mior Nor Haidir Suhaimi, told the court that Dr Mahathir had been hospitalised at the National Heart Institute (IJN) for a persistent cough.

“Dr Mahathir returned from London on Sunday and was admitted to IJN with a cough the following day,” Mior was quoted by The Edge as telling the judicial commissioner, presenting a letter from IJN to the court.

Expressing sympathy for Dr Mahathir’s health issues, Gan emphasised the importance of moving forward with the trial, which has been pending since 2022.

“This case has been pending since 2022. We have trial dates set for August 26 and 27. We hope he would recover quickly,” Gan was quoted by The Edge as saying.

“With all due respect, maybe you could advise him not to go overseas. We cannot keep adjourning for the same health reasons or for any reason,” Gan reportedly said to Mior.

Gan indicated that Dr Mahathir should ideally testify first on August 26, with his son, Datuk Seri Mukhriz Mahathir taking the stand if Dr Mahathir was not able to do so.

The case has already faced two delays: initially in November 2023 due to the transfer of the previous judge, Rozana Ali Yusoff, to the Penang High Court.

Gan was then appointed as her replacement.

It was subsequently postponed from its original start date of February 13 but was adjourned until Friday due to Dr Mahathir’s ill health and being on medical leave at the time.

In July 2022, Dr Mahathir filed the suit, challenging comments made by Zahid during an Umno divisional meeting in 2017 and again in 2022.

Zahid’s remarks, which were reported by several news outlets, questioned his Malay and Muslim identity by referring to D Mahathir’s ancestry and calling him ‘kutty’.

Dr Mahathir claimed that the statement suggested he was not born a Malay or Muslim. This as it was given his original name of “Mahathir son of Iskandar Kutty”.

The two-time former prime minister alleged that Zahid’s statements suggested he falsely claimed to be Malay when he assumed office to secure both political and personal benefits, while also suggesting he held a biased view of the Indian community, said The Edge.

In his defence, Zahid, also the Umno president, denied any malice in his statements, asserting they did not tarnish Dr Mahathir’s reputation.

In the same court, Gan will also hear Zahid’s counterclaim against Dr Mahathir, which disputes Dr Mahathir’s claims during the Johor state election in February 2022 that they met in 2018 and 2019 to discuss Zahid’s criminal case.

In his statement of defence, Dr Mahathir said that Zahid met him at the Perdana Leadership Foundation on June 6 and September 13, 2018.

Dr Mahathir also said that Zahid met him again at his residence at the Mines Resort on February 23 and 24, 2020. Another meeting also took place at the Prime Minister’s Office on February 25, 2020, said Dr Mahathir in The Edge report.

Replying to Dr Mahathir’s defence, Zahid denied the claims, asserting that the meetings mentioned by Dr Mahathir were related to Umno matters, not his criminal case, as he had not yet been charged or investigated.

Zahid challenged the notion that he could have discussed his court case with senior Umno leaders who accompanied him, given that he had not been under investigation or charged at that point.