Ling’s lawyer Ranjit Singh said justice Nor Bee Arifin would only deliver her ruling after the outcome of Lim Guan Eng’s defamation suit against two Umno-linked publications and three others.
“The Penang Chief Minister’s case before the Federal Court could now determine whether a public official has the capacity to sue,” Ranjit told reporters after he and Najib’s lawyer Mohamed Hafarizam Harun met Nor Bee in chambers.
Ranjit said the judge fixed March 23 for case management.
Ling had filed the application to strike out Najib’s suit on Feb 15 last year.
Ling had alleged Najib had misappropriated public funds and placed them in his personal bank accounts to gain wealth and profit.
On Sept 29 last year, Ranjit submitted that Najib’s statement of claim revealed that the plaintiff (Najib) complained that the attack on his reputation was made on the basis of his public office and as chairman of the 1MDB advisory board.
Ranjit was then (on Sept 29) relying on a Court of Appeal ruling which held that a public figure cannot sue for defamation in an official capacity.
However, the Federal Court set aside that ruling on Feb 13 in the case between Pahang Menteri Besar Adnan Yaakob and Utusan Melayu (M) Berhad.
Hafarizam, in his submission, had said the crux of Najib’s argument was that the attack was on his personal reputation.
“The attorney-general would be representing the prime minister if the subject matter had involved the government and Najib’s action in his public capacity.” he had submitted.
On Oct 27, 2015, Najib filed the suit over Ling’s allegation that he (Najib) had “taken people’s money” in relation to the RM2.6 billion donation issue.
Meanwhile, Lim’s lawyer Americk Sidhu said the Federal Court had fixed May 3 for case management.
On Dec 20, the Court of Appeal ruled Lim had no locus standi to sue as the suit was brought in his capacity as a public official.
The High Court in 2015, found publishers New Straits Times Press (NSTP), Utusan Melayu, Perkasa, its president Ibrahim Ali and Negeri Sembilan branch chief Ruslan Kassim liable for labelling him as a “Singapore spy”.
Lim was awarded RM550,000 in damages.