Court disallows Dr M’s affidavit in lawsuit against Ling

KUALA LUMPUR: The High Court has expunged an affidavit filed by Tun Dr Mahathir Mohamad, intended to be used to strike out Datuk Seri Najib Tun Razak’s suit against Tun Dr Ling Liong Sik.

High Court judge Justice Nor Bee Ariffin threw out the affidavit, ruling that it was purely hearsay. The judge also ordered Dr Mahathir to pay RM5,000 in costs.

Najib has sued Dr Ling over his remarks which allegedly implied that he had misused public funds for his personal interests.

Dr Ling had intended to use Dr Mahathir’s affidavit to support his application to strike out the libel suit but the decision handed down in chambers yesterday has likely thrown a spanner in the works.

Najib’s lead counsel Datuk Mohd Hafarizam Harun disclosed the decision outside the judge’s chambers.

“Dr Mahathir’s affidavit is highly contentious. The judge said he (Dr Mahathir) must state the sources of information and grounds and whether he had personal knowledge or not on this,” he said.

Mohd Hafarizam said that Dr Ling’s bid to strike out the libel suit as well as Najib’s application to strike out Dr Ling’s statement of defence would be heard on Aug 24.Dr Ling’s lawyer Yeoh Cho Kheong confirmed the ruling and said he would seek instructions on whether to appeal.

In his suit, Najib said that an online news portal had on Oct 3 last year published an article where Dr Ling had made slanderous statements against him while attending a ceremony at Tunku Abdul Rahman University College.

In his statement of claim filed on Oct 27 last year, Najib is seeking damages and an injunction to restrain Dr Ling from further speaking or publishing any similiar defamatory words against him.In the statement of defence filed on Dec 14 last year, Dr Ling said the libel suit was brought in bad faith and maliciously and with an ulterior motive.