This article first appeared in The Edge Financial Daily, on February 24, 2016.

KUALA LUMPUR: Prime Minister Datuk Seri Najib Razak is scheduled to take the stand next month in his defamation suit against PAS organ Harakahdaily despite the Court of Appeal’s advice earlier this month to settle the matter out of court, said lawyer Mohd Faiz Fadzil.

“We were told the prime minister and two others will testify for the plaintiff,” said Mohd Faiz, who is appearing for the publisher’s managing director Rosli Yaakob.

Mohd Faiz said the defendants had lined up eight witnesses, including former prime minister Tun Dr Mahathir Mohamad and former New Straits Times Press group editor-in-chief Datuk A Kadir Jasin. 

“We will apply to subpoena Dr Mahathir, Kadir and other authors of articles from news portals to strengthen our defence,” he told The Malaysian Insider after case management before High Court Judge Hue Siew Kheng.

Trial has been fixed for five days from March 16.

Najib failed again to strike out the defence and a three-man bench chaired by Datuk Mohd Zawawi Salleh on Feb 5 said the prime minister’s appeal to remove the defence of qualified privilege and fair comment was not sustainable.

Mohd Zawawi said the issue of whether both the defences were available to Harakahdaily should be heard and determined after a full trial.

Mohd Zawawi, who sat with Datuk Zamani A Rahim and Datuk Hasnah Mohammed Hashim yesterday, also advised the parties to settle the suit out of court.

Najib has until March 7 whether to go the Federal Court to appeal against the Court of Appeal decision.

“I am not sure at this juncture whether the plaintiff intends to pursue the matter further in the apex court,” Mohd Faiz said.

Lawyer Datuk Mohd Hafarizam Harun was not available for comment.

The other defendant is Harakahdaily portal chief editor Taufek Yahya, who is represented by Mohamed Hanipa Maidin.

Najib is suing Harakahdaily over an article quoting a New York Times report on businessman Jho Low and Najib’s son Riza Aziz.

On Aug 6 last year, Hue dismissed Najib’s application to strike out Harakahdaily’s defence over an article linking his stepson to state-owned investment firm 1Malaysia Development Bhd (1MDB).

Najib filed the suit against Taufek and Rosli over an article by Rosli on Feb 19 last year entitled “Dana 1MDB biayai syarikat filem Riza Aziz? (Bhg 2)” (1MDB funds used to pay for Riza Aziz’s film? Part 2).

In his statement of claim filed on March 18, Najib said the article contained words which implied that he had misused 1MDB funds.

Najib said the publication of the article had damaged his reputation and caused him to be condemned in social media and mass media. He also said Taufek failed to practise responsible journalism by not verifying the authenticity of the article before publishing it.

The prime minister has been under scrutiny over the finance ministry-owned state investment vehicle, of which he is advisory board chairman. — The Malaysian Insider