High Court dismissess Tun Dr Mahathir and two other’s bid to cross-examine Najib

KUALA LUMPUR: The High Court yesterday dismissed former Prime Minister Tun Dr Mahathir Mohamad and two others’ application to cross- examine Prime Minister Datuk Seri Najib Tun Razak over his supporting affidavit in a suit relating to misconduct of 1Malaysia Development Berhad (1MDB).

Judge Abu Bakar Jais in his judgment said there was no need to cross- examine Najib at this stage as the issue (over public officer) should be decided after Najib’s application to strike out the suit filed by Dr Mahathir and two others, is heard.

“There is no hindrance for the plaintiff ( Mahathir) to bring this issue when the same is argued.

“The cross- examination of the defendant ( Najib) is unnecessary as the assertions that had been made by the defendant is clear from his affidavit,” he said in his judgment delivered in chambers.

Dr Mahathir, former Batu Kawan UMNO Division vicechief Datuk Seri Khairuddin Abu Hassan and former Langkawi Wanita UMNO member Anina Saadudin had applied to cross- examine Najib for the contradictions appearing in his affidavit over the issue of public officer.

Lawyer Datuk Mohd Hafarizam Harun represented Najib while Mohamed Haniff Khatri Abdulla acted for Dr Mahathir, Khairuddin and Anina.

Speaking to the media after the proceedings Mohd Hafarizam said the judge fixed Aug 4 for case management, while Mohamed Haniff said he would discuss with his client whether to appeal over today’s decision.

Dr Mahathir, 90, Khairuddin, 54, and Anina, 41, on March 23, sued Najib over alleged misconduct on the part of the prime minister involving strategic development fund 1MDB.

Najib had, on April 19, filed the application to strike out the trio’s suit on grounds that there were no elements of tort misfeasance and breach of fiduciaries in public office as claimed by the three plaintiffs.