Jamal's bid to get Dr M as witness will be known Friday

The High Court will on Friday deliver its decision on an application by former prime minister Dr Mahathir Mohamad to set aside a subpoena for him to testify as a witness in the defamation suit brought by Bersih 2.0 chairperson Maria Chin Abdullah against Sungai Besar Umno chief Jamal Yunos.

Justice Mohd Zaki Abdul Wahab fixed the date after hearing submissions from Mahathir's lawyer Mohd Haniff Khatri Abdulla and lawyers V Mugunthan and Mohd Nasser Desa representing Jamal in his chambers in Kuala Lumpur today.

Jamal had subpoenaed Mahathir to be his defence witness.

Haniff told reporters later that his client was not an expert witness in the case and therefore was puzzled how his testimony could facilitate the trial.

“There is nothing where Tun can be of assistance. He cannot give an opinion unless he is an expert on the issues they want to ask,” he said.

“We feel that Mahathir, being a senior statesman, should not waste his time on things immaterial. Furthermore, we feel that our client should not be used in sensationalising issues raised by Jamal,” Haniff added.

He also said if the judge orders that Mahathir be called, he would come only at the next session and not during the present session, which is ongoing this week.

Jamal had subpoenaed Mahathir as a defence witness for his testimony over his time as prime minister and home minister, during which Maria's late husband Yunos Lebai Ali was detained under the Internal Security Act in 1987.

“They want to know the reasons of his detention. It is a fact Yunos was detained but you have to get the ISA documents as to why he was arrested or held under the ISA,” said Haniff.

He added the defence had not shown any documents or intelligence reports leading to Yunos' arrest.

“There is no report in the defence documents and if Tun is called he would not be able to give an exact answer as he may say 'I believe' or 'I feel'... (this is not based on facts),” Haniff said.

Mahathir wants to set-aside the subpoena on the grounds that the Sungai Besar Umno division chief was up to a 'political gimmick'.

On Friday, PKR de facto leader Anwar Ibrahim is scheduled to testify in the trial.

Maria had filed the defamation suit against Jamal for his statement in September and October 2016, alleging that Bersih had been infiltrated by the Islamic State.

That allegation subsequently led to Maria's detention under the Security Offences (Special Measures) Act 2012.- Mkini