Najib’s lawyer Hafarizam Harun said that Justice Nor Bee Ariffin, in giving her decision in chambers, found that Mahathir’s affidavit contained evidence of hearsay and was “highly contentious”.
“The court found that he did not have documents to prove or support his claims that Najib had taken money from the people,” he told reporters.
Hafarizam added that as a striking out application was a final judgment from the court, whatever affidavits used must contain the source, grounds and personal knowledge.
He also said that in view of the court’s decision on Monday, Mahathir was merely making accusations without evidence that Najib had stolen the people’s money from 1MDB. He added the court “does not believe his blog anymore or at all”.
The court will proceed to hear Ling’s bid to strike out Najib’s lawsuit on August 24.
Ling’s lawyer Yeoh Cho Keong said they respected the court’s decision.
“It is up to Tun (Ling) if he wants to appeal today’s decision. We will have to take instructions from him,” he said.
Najib sued the former Transport Minister on October 27 last year for claiming he had misused public funds for his own interests.
He is seeking general, special, aggravated and exemplary damages.
Najib is also applying for an injunction to stop Ling from further speaking or publishing or causing to be published any similar defamatory words against him.
Ling filed a counter defamation suit on October 14 against Najib.
He is seeking damages.
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