Najib succeeds in expunging Mahathir's affidavit in support of Ling

The High Court in Kuala Lumpur today dismissed Dr Mahathir Mohamad's affidavit in support of former MCA president Dr Ling Liong Sik's application to strike out Prime Minister Najib Abdul Razak's suit.

In her decision made in chambers, Justice Nor Bee Ariffin considered the affidavit filed by the former premier as hearsay.

According to Najib's lawyer Mohd Hafarizam Harun, Mahathir should have stated the source of the information, the grounds and whether he had personal knowledge when he alleged that Najib took people's money from 1MDB.

In paragraph two of the affidavit, the lawyer said Mahathir affirmed that the document is based on his knowledge.

However, the former prime minister did not state the grounds of his personal knowledge.

“The affidavit in support by Mahathir is considered highly contentious as he must disclose his source or grounds,” Hafarizam said.

“With this, Ling could not use Mahathir's affidavit in support to strike out Najib's suit."

Hafarizam said the court also ordered Ling to pay costs of RM5,000.

The court then fixed Aug 24 for the hearing of Ling's application to strike out Najib's suit.

On the same day, Hafarizam said the court would also hear its submission to strike out Ling's defence.

Commenting on the decision, Ling's lawyer Yeoh Cho Keong expressed regret as they felt what was said by Mahathir did not infringe hearsay rules.

Instead, it was based on blog postings and reports in which Mahathir had confirmed that he had post and said.

“We will seek further instructions from our client on what to do next,” he said.Najib filed the suit against Ling last October, for calling on the premier to resign following funds entering into his personal accounts.

Najib, who is seeking general, aggravated and exemplary damages, complained that the words Ling uttered meant he had abused his powers, was not qualified to be the leader of a government, that he was involved in a scandalous or financial conspiracy and that he was not fit to be the BN chairperson.

Ling in his defence and counter-claim questioned why Najib had singled him out with the filing of the suit against him, when he should have also taken action against past and present Umno leaders who criticised him.

Mahathir in his affidavit in support of Ling questioned why he could criticise Najib but Ling could not. - Mkini