Dr Mahathir Mohamad's lawyers want to quiz Prime Minister Najib Razak in court over his status as a public officer, following apparent contradictions found in his own affidavit.
In one paragraph, Najib denied he was a public officer, but in the following paragraph, he claimed the former prime minister wanted to remove him from public office, said lawyer Mohd Haniff Khatri Abdulla.
“Najib has to decide if he is a public officer or not. He has to decide whether he wants to be a man or a woman.
"Or is he saying that he is a khunsa (a person with two genitals),” Haniff told reporters after submission at the Kuala Lumpur High Court's chambers before Justice Abu Bakar Jais today.
He said they had already applied to cross-examine the prime minister.
Haniff is representing Mahathir as well as former Umno members Khairuddin Abu Hassan and Anina Saadudin in their RM2.64 billion suit against Najib for misfeasance in public office and breach of fiduciary duty and abuse of power.
The lawyers want to question Najib on the contradiction before replying to his affidavit and application to strike out the trio's suit.
Haniff said they also wanted to know if Najib could deny being responsible for the removal of Muhyiddin Yassin and Shafie Apdal from cabinet, and former attorney-general Abdul Gani Patail.
“These are facts that have to be clarified and there is a need for Najib to be placed on the stand to clarify what he stated in the affidavit,” he said.
Justice Abu Bakar Jais has fixed July 27 to deliver his decision on whether or not to allow the application.
Meanwhile, senior lawyer Cecil Abraham, who led Najib's team, told the court that this was a point of law and it could not be decided at this stage.
Nor Hazira Abu Hayan, who is also Najib's lawyer, said that the matter should be heard in his application to strike out the suit.
In his defence filed ealier this month, the premier had denied interfering, or continuously interfering, with the due process of the law by using his position as a public officer to ensure the authorities carried out the necessary alleged investigations of impropriety or misconduct against him. - Mkini
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