Tun M’s affidavit is hearsay evidence, court told

Hafarizam Harun

(The Sun Daily) – Tun Dr Mahathir Mohamad’s affidavit together with exhibits, which were filed in support of Tun Dr Ling Liong Sik’s application to strike out Prime Minister Datuk Seri Najib Abdul Razak’s suit, is hearsay evidence, the High Court was told today.

According to Najib’s lawyer Datuk Hafarizam Harun, Mahathir had exhibited the writings in his “Chedet” blog along with the affidavit.

“The writings do not have the documents to support his contention that he is able to prove what he has written. Therefore, I say it is hearsay,” said Hafarizam.

Najib had applied to expunge the entire affidavit of Mahathir on the ground the statements contained in the affidavit are not derived from personal knowledge.

Najib, in his application claimed that the affidavit is based on information and belief but did not identify the source specifically and therefore, it should not be admitted by the High Court.

However, Ling’s lawyer Yeoh Cho Kheong said the affidavit cannot be said as “hearsay” as Mahathir wrote the statement and confirmed it.

“Therefore, we say Tun Mahathir’s affidavit should remain,” said Yeoh.

“We are not relying on Tun Mahathir’s affidavit to prove what he had said. We just want to confirm that he made those statements, among others – ‘step down’,” said Yeoh.

Their argument is that there were many critics of Najib, but Najib only chose to sue Ling and this is the basis for Ling’s contention that the suit is abuse of process.

High Court judge Datuk Nor Bee Ariffin fixed July 18 to deliver the decision on the application.

Najib, in his personal capacity, sued Ling on Oct 27, 2015 over an article, which appeared in “The Malay Mail Online” website on Oct 3, 2015.