Justice Nor Bee Ariffin is expected to deliver her ruling next month following an application by former transport minister Ling Liong Sik to strike out Najib’s suit filed in December 2015.
Najib initiated the lawsuit after Ling, who is also a former MCA president, claimed the prime minister had “taken people’s money” in relation to the RM2.6 billion donation issue.
Ling’s application was heard last September and Nor Bee adjourned her ruling to wait for the opinion of the Federal Court in the defamation case of Pahang Menteri Besar Adnan Yaakob against publisher Utusan Melayu (M) Bhd.
The legal fraternity had hoped the apex court would finally determine whether the 1993 legal principle established in the Derbyshire County vs Times Newspapers Ltd case could be applied in Malaysia.
In that case, the English court had ruled that local authorities could not institute legal action based on public criticism.
However, the bench yesterday remitted Adnan’s case for trial as Utusan had successfully struck out the suit in the Court of Appeal last March, on grounds that Adnan as a public official could not sue the media.
Lawyer Ranjit Singh said it was unfortunate that the five-man bench declined the opportunity to decide on the matter.
“The bench has suggested this is not a fit and proper case for them to determine if a public official could sue anyone, including the media,” he said.
Retired Federal Court judge Gopal Sri Ram said High Court judges would have to rule whether the principle in the Derbyshire case applied in Malaysia.
“Aggrieved parties can then take up the matter on appeal up to the Federal Court,” he said.
Ranjit, who represented Ling during the striking out application in the High Court last September, had relied on Adnan’s decision by the Court of Appeal to say that Najib as a public figure could not sue in an official capacity.
Lawyer Hafarizam Mohd Harun said the crux of Najib’s argument was that the attack was on his personal reputation.
“The attorney-general would be representing the prime minister if the subject matter had involved the government and Najib’s action is in his public capacity,” he had said.
The second case pending is Najib’s suit against Petaling Jaya MP Tony Pua and Mediarakyat.net owner Chan Chee Kong over comments made by the MP during a DAP fund-raising dinner.
The prime minister alleged that Pua’s speech meant he had robbed the people of their money with regard to 1MDB transactions and that he could not be trusted and was allegedly not qualified to hold public office.
Pua had applied to strike out Najib’s suit as the prime minister could not sue him in his capacity as a public officer.
Lawyer Joanne Chua Tsu Fae, a member of Pua’s legal team, told FMT a case management would be held tomorrow before justice Roslan Abu Bakar for parties to make submission on the issue.
“We were also awaiting a ruling from the Federal Court, but now a date will likely be fixed to hear the striking out application,” she said.
Najib and his wife, Rosmah Mansor, filed a suit against PKR vice-president Rafizi Ramli and Mediarakyat.net owner Chan for allegedly defaming them over the removal of oil subsidies.
Najib also sued Harakah managing director Rosli Yaakob and Harakahdaily chief editor Taufek Yahya over an article published in PAS’ mouthpiece, Harakahdaily, in relation to 1MDB and Riza Aziz, his stepson.
In 2014, the prime minister also sued media organisation, Malaysiakini, for libel. However, it was for allowing libellous comments by a reader, which were posted on its website.
In the three cases, it is unclear whether the defendants raised the Derbyshire principle to strike out Najib’s suits.