Najib fails in strike-out bid, suit against Rafizi goes for trial

The defamation suit filed by Prime Minister Najib Abdul Razak against Pandan MP Rafizi Ramli and Media Rakyat owner Chan Chee Kong will go for trial.

This comes after High Court judge Noraini Abdul Rahman dismissed Najib's application to strike out the defence of fair comment cited by both defendants in their statement of defence.

Chan's lawyer Razlan Hadri Zulkifli said the judge ordered the matter to go for trial after deciding that it was not proper for her to allow the application.

“The judge did not make any ruling on the merits as she just said let all decisions go for trial,” he said, adding that the judge felt it was too premature to determine such an issue at this stage.

However, Razlan said, no date has been fixed for the hearing and the parties are to appear before the deputy registrar on this.

Lawyer Mohd Hafarizam Harun for Najib, when met, also confirmed that their application to strike out the defence of fair comment was dismissed.

"I will brief my client and take further instructions on whether to file an appeal against today's decision," Hafarizam said.

Najib and his wife Rosmah Mansor are suing Rafizi and Chan for the comment the PKR vice-president and secretary-general made at a ceramah that the oil subsidy cuts were to finance the purchase of Rosmah's ring, which was published by Media Rakyat.

They alleged that Rafizi’s speech was recorded by Media Rakyat and uploaded by Chan or his assistant on Media Rakyat’s YouTube and portal.

Remark disparaging

Najib and Rosmah had filed the suit on April 16 last year, claiming that Rafizi made a disparaging statement against them at a forum on oil subsidy in Bandar Tun Razak on Nov 22, 2014.

They alleged that Rafizi’s speech was recorded by Media Rakyat and uploaded by Chan or his assistant on Media Rakyat’s YouTube and portal.

They further alleged that Chan had also shared the recording in Media Rakyat's Facebook account, which could be freely accessed by Internet users worldwide.

They alleged that Chan had failed to practise responsible journalism by not verifying or investigating the authenticity of the accusations in the statement before posting them.

The couple are seeking general, aggravated and exemplary damages deemed fit by the court, interest and costs.

They are also seeking an injunction to stop Rafizi, Chan and their agents from further publishing the alleged defamatory words, and/or an order for the two defendants to put up a written public apology in the newspapers and magazines.

Meanwhile, Rafizi had also filed a counter-claim where the Pandan MP described the present suit represents an attempt by Najib and Rosmah to stifle and stymie legitimate political discourse and is an abuse of process.

He is seeking general damages, costs and other relief that the court may grant him. -Mkini