Judge advises Najib and defendants to settle out of court

KUALA LUMPUR: The High Court has advised Datuk Seri Najib Tun Razak and Mkini Dotcom Sdn Bhd as well as its two editors, whom he sued for defamation, to go for an out-of-court settlement.

Najib’s lawyer Datuk Mohd Hafarizam Harun told reporters after meeting High Court (Appellate and Special Powers) judge Justice Kamaludin Md Said in chambers that the judge suggested that the parties settle the suit as it has been three years since it was filed.

“(So), we wait for Mkini if there is going to be an out-of-court settlement,’ he told reporters after the proceeding.

He said the court also set Sept 19 for further case management pending a decision by the Federal Court on the issue of whether a civil servant could file a suit in his personal capacity.

The issue arose as Najib is suing in his personal capacity.

Also named as co-plaintiff in the suit filed on May 30, 2014, is Umno’s executive secretary Datuk Seri Ab Rauf Yusoh.

They named Mkini Dotcom, editor-in-chief Steven Gan and chief editor Fathi Aris Omar as the defendants.

The plaintiffs claim that the defendants had allowed the publication of two alleged defamatory articles in the “Yoursay” column of the web portal www.malaysiakini. com on May 14, 2014.

They said the defendants had also published another article titled Najib threatens to sue Mkini over readers’ comments on May 16.

They said the defendants had compiled the comments on the articles and published another article on May 17, which showed their intention to continuously defame them. The defendants pleaded a defence of fair comment over a matter of public interest.