IPOH: The Sessions Court is to decide whether the criminal defamation case against former Perak menteri besar Datuk Seri Mohammad Nizar Jamaluddin can continue without the presence of Datuk Seri Najib Razak, who is the aggrieved party.

Judge Ikmal Hishan Mohd Tajuddin said he would decide whether to proceed after receiving the written submissions from the prosecution and defence today. Earlier, lead counsel Datuk Yusof Zainal Abiden asked the court for his client to be discharged, not amounting to an acquittal. He cited the best evidence rule, saying it was only fair for the defence to get a chance to cross-examine Najib.

“If not, we should not be wasting the court’s time. The possibility [of Najib being called as witness] given by the prosecution is nil.

“If Najib doesn’t come, it means he is not interested, all the more reason Nizar shouldn’t be here,” he said.

Chief public prosecutor Yusaini Amer Abdul Karim, however, argued that Najib’s presence was not necessary as there were sufficient witnesses and evidence to show that Nizar had uttered defamatory words.

The judge said since the trial had been fixed, he would allow it to continue and set today for both sides to hand in their submissions.

Nizar was charged in January this year for allegedly making disparaging remarks against Najib. The state opposition leader is said to have made the remarks during the run-up to the 2013 general election campaign at Taman Desa Pakatan in Ipoh between 9pm and midnight on April 23, 2012. — The Malaysian Insider

This article first appeared in The Edge Financial Daily, on June 11, 2015.