This follows today’s Court of Appeal ruling to reverse a High Court decision in April.

“We agree with the counsel for the appellants (Najib and Rosmah) that there are merits in the issues raised. We allow the appeal,” said Justice Rohana Yusof, who led a three-man bench.

Mohd Hafarizam Harun appeared for Najib and Rosmah.

The High Court had in April dismissed the couple’s bid to remove Rafizi and Media Rakyat portal owner Chan Chee Keong’s defence of fair comment in the suit.

Justice Noraini Abdul Rahman had said the removal of the defence was premature.

Noraini had wanted the trial to proceed and she would decide later whether the two were entitled to the defence.

Lawyer Razlan Hadri Zulkifli, who appeared for the two, said he would obtain instructions whether to appeal to the Federal Court on the reversal of the earlier ruling.

“However, we have other defences, including qualified privilege to contest the suit,” he said.

Razlan said should the two decline to appeal further, a speedy trial could be held next year.

A case management will be held on Dec 8.

“The plaintiff (Najib) has filed numerous suits and he will be anxious to clear his name,” Razlan said.

The prime minister has filed defamation suits against Petaling Jaya MP Tony Pua and former transport minister Dr Ling Liong Sik over the 1MDB scandal and the RM2.6 billion ‘donation’.

Najib and Rosmah sued Rafizi and Chan last year for allegedly defaming them over the removal of oil subsidies.

The couple claimed that the Pandan MP’s statement implied that Najib had unlawfully stolen the people’s money in connection with the oil subsidy removal.

Rosmah claimed Rafizi had suggested that she unlawfully benefited from the money.

The couple also claimed Chan had failed to exercise responsible journalism to verify the claims before publishing them.