KUALA LUMPUR: The High Court has dismissed an application by Datuk Seri Najib Tun Razak and his wife to determine their libel suit against Taiping MP Nga Kor Ming based on points of law without going for full trial.
The couple are suing Nga over an alleged libellous posting on his Facebook account implying abuse of power.
In rejecting the application on Monday, High Court judge Siti Khadijah S. Hassan Badjenid held that she would have to go through the legal process to determine the libel suit.
She ruled that a trial was required, adding that she could not conclude the case merely by determining if there wewre elements of defamation in the civil dispute.
The couple's lead counsel Datuk Mohd Hafarizam Harun argued that Malaysian courts could adopt "judicial activism" to determine the case without going for trial.
"We have to move away from the mental block that everything has to go to trial," he argued.
He said there have been instances where such applications have been granted, adding that it could save the court's time and cost.
However, Nga's lead counsel Gobind Singh Deo argued that the application was an abuse of court processes and the matter should go to trial.
The trial has been slotted for two weeks from May 16.
In the lawsuit, the couple claimed that the DAP politician posted allegedly defamatory words on his Facebok page to accompany a photograph of them with several Cabinet ministers and Wisma Putra officers at a hotel room in China on March 29 last year.