PUTRAJAYA: DAP MP Tony Pua can proceed to apply to strike out the suit filed against him by Datuk Seri Najib Tun Razak, now that two crucial paragraphs have been reinstated to his affidavit.
The development came after the Court of Appeal unanimously decided that those paragraphs should not have been expunged by the High Court in the first place.
Pua’s counsel Alliff Benjamin Suhaimi told reporters later that the court has reinstated the two paragraphs in the affidavit-in-support by his client to support his application to strike out Najib’s suit against him.
Alliff said the two paragraph were paragraphs nine and 10.
Paragraph nine was on the corporate structure of the 1MDB while paragraph 10 was the avertment of Pua pointing out the articles in the media to show public interest on the issue.
Justice Rohana Yusof, together with Justices Idrus Harun and Mary Lim Thiam Suan, said that there was merit in Pua’s application for the paragraphs to be reinstated.
In his defamation suit filed on March 5, last year, the prime minister, in his personal capacity, named Pua, 43, and online portal owner Chan Chee King, 52, as defendants.
Subsequently Pua filed an application to strike out Najib’s suit and the plaintiff later filed an application to expunge the two paragraphs.
The case was scheduled for Dec 1 to hear Pua’s striking out application.
Meanwhile, Najib’s counsel Mohd Hafarizam Harun said he would get instruction from his client.
In his statement of claim, Najib said that on Nov 13 last year, Pua, as the main speaker at a DAP fund-raising dinner, made what he alleged was a libellous remark about 1MDB.
He said a recording of the speech was uploaded by Chan himself and/or his agents on YouTube and the Mediarakyat website under what he claimed was a libellous heading.
He contended that the publication of the defamatory words had damaged his reputation, which would continue for years because the recording of the speech could be accessed widely and easily throughout the world via the Internet, blogs, forums and websites without any restriction and could be reshared.
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