KUALA LUMPUR, Nov 2 ― The High Court today deferred hearing two applications in Prime Minister Datuk Seri Najib Razak's defamation suit against DAP MP Tony Pua until the appellate court decides if those holding public office have the legal standing to sue.
Najib's lawyer, Datuk Firoz Hussein Ahmad Jamaluddin, explained that the Court of Appeal will decide in another unrelated case on the same principle that Pua plans to invoke for his bid to strike out the lawsuit.
“Because the argument today which they are taking is that the plaintiff here (Najib) does not have the locus standi to bring this action because of his position.
“But our contention is very clear; this suit is in his personal capacity, nothing in Derbyshire would prevent him from suing in his personal capacity,” he told reporters here after both sides met the judge in chambers.
No hearing date has been fixed yet for the Court of Appeal case involving Felda's lawsuit against PKR mouthpiece Suara Keadilan, where it will be decided if the Derbyshire principle from a UK case is applicable in Malaysia.
Among other things decided in the 1993 case of Derbyshire county council v Times Newspapers Ltd in the UK, it was ruled that a government body should be open to uninhibited public criticism.
Pua's lawyer, Gobind Singh Deo, explained that his client is arguing that the prime minister who holds the public office is not entitled to sue.
“If Derbyshire applies, the question will be whether on the facts of this case, the PM is entitled to bring a suit. Of course, if it doesn't apply it becomes a non-issue,” he told reporters.
Today was initially scheduled for the hearing of Pua's application to strike out the defamation suit as well as Najib's application to expunge parts of Pua's supporting affidavit for the striking out bid.
In light of the Court of Appeal case, High Court judge Vazeer Alam Mydin Meera fixed December 1 for case management of these two applications.
Najib's lawyers confirmed that the December 1 hearing for his application to expunge parts of the second defendant Chan Chee Kong's statement of defence in this defamation suit will go on, as the Derbyshire principle is not an issue for that matter.
On March 5, Najib filed the defamation suit filed in his personal capacity against Pua and Mediarakyat.net portal owner Chan Chee Kong.
Najib had claimed that Pua had last November 13 made a defamatory statement on state-owned firm 1Malaysia Development Berhad (1MDB) and had made references to him in the same speech.
Najib claimed that the alleged defamatory words carried the meaning that he had robbed the public in relation to 1MDB transactions and was unqualified to hold public office, among other things.
The recording of the remarks that Pua allegedly made as the main speaker of a DAP fundraising dinner was uploaded by Chan or his agents on the Mediarakyat website and on video-sharing site YouTube with a defamatory heading, Najib had claimed.
Claiming that his reputation has been damaged as the recorded defamatory words could be accessed and shared online without any limits, Najib is now seeking general and exemplary damages.
He is also seeking an injunction to prevent Pua and Chan or their agents from further publishing defamatory remarks against him.
