Dr Mahathir fails in bid to cross-examine Najib in malfeasance suit

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KUALA LUMPUR: Tun Dr Mahathir Mohamad and two others failed to get leave from a High Court to cross-examine Datuk Seri Najib Tun Razak over his affidavit in their lawsuit against the Prime Minister for alleged misfeasance in public office.

In dismissing the application on Wednesday, Justice Abu Bakar Jais held that there was no need for cross-examination of Najib at this stage.

"The cross-examination if allowed will mean the merits of the case will be cross-examined at this early stage on the intepretation of the words "public officer" and "public office" when this should only be addressed at the striking out stage and not now," he said.

He said "cross-examination should only be addressed in the main trial itself if the striking out is not granted."

"I think whether the defendant (Najib) contradicted himself (over the issue of public officer) should be decided after the submission on the striking out and not now.

“What good would the cross-examination do now as the plaintiffs would not in all probability abandon their challenge on the defendant's credibility when the striking out is heard despite such cross-examination," he said in his judgment.

Speaking to reporters after the decision was delivered in chambers, Najib’s lead counsel, Datuk Mohd Hafarizam Harun, said the court ruled that the applicants failed to satisfy the condition whether the application was necessary at this stage.

The plaintiffs' lead counsel Mohamed Haniff Khatri Abdulla said that Justice Abu Bakar ruled that he did not need to decide whether there was a contradiction in the affidavit at this stage.

“The judge said it is still open for him to decide whether the words are contradiction (in the Najib's affidavit) during the hearing of the striking out application by the prime minister," he said, adding that the court has set Aug 4 for case management to update if they are appealing against the ruling.

In their application, they said Najib had affirmed an afffidavit before commissioner of oath Chia Keng Hock on April 12 in his bid to apply to strike out the civil claim.

The applicants contended that Najib had contradicted himself in his affidavit for the striking out of the suit on his position as the prime minister by saying he is not a public officer but at the same time asserting that they attempt to drive him from public office.

In the lawsuit filed in March, Dr Mahathir and two others want the High Court to order the Prime Minister to pay RM2.6bil in exemplary damages to the Government.

Dr Mahathir, former Batu Kawan Umno division vice-chief Datuk Seri Khairuddin Abu Hassan and former Langkawi Wanita Umno member Anina Saadudin also want Najib to pay RM42mil in aggravated damages to the Government.

In a statement of claim, the plaintiffs said Najib had carried out all the necessary acts to undermine, subvert and compromise the various institutions involved in the probe on the 1Malaysia Development Bhd (1MDB) and related companies, so as to ensure that the findings and investigations on the allegations could not be properly, transparently and independently concluded.

They are also seeking to declare that Najib has committed misfeasance in public office and breach of fiduciaries in public office by using his position as the Prime Minister, chairman of Barisan Nasional and Umno president.