Pua’s lawyer, Joanne Chua, said the affidavit-in-reply was filed today and had been served on lawyers for Najib.

“We are not at liberty to reveal the contents until the affidavit is read in court,” she told FMT.

Lawyers for Najib and Pua will appear before judicial commissioner Wan Ahmad Farid Wan Salleh on May 24 to make oral submissions on whether to remove or retain the video, pending the outcome of the prime minister’s defamation suit against the opposition MP.

On May 5, the court allowed Najib to extend his ex-parte injunction to compel Pua to remove the video pending a possible decision on May 24.

On April 21, Najib had obtained the interim injunction, valid for only 21 days, to prevent Pua from repeating or publishing the defamatory words again.

A check on Pua’s Facebook account revealed the DAP publicity chief had removed the contentious two-minute video, apparently due to the interim injunction.

The video was over the tabling of the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355), which seeks to increase punishments for shariah offences.

Najib, in his statement of claim, said on April 6 that Pua had made a statement via video at the Parliament building area.

The recording was uploaded on Pua’s Facebook page “Tony Pua”, entitled “BN abandons all Bills to give precedence to PAS RUU355 Private Member’s Bill”.

Najib said the live video was directed at him and done with malice and bad intention to defame him.

The BN chairman also wants an order that Pua publish an unconditional written apology in at least two newspapers.

The video clip in question was uploaded shortly after the tabling of PAS president Abdul Hadi Awang’s motion on amendments to enhance the powers of the shariah courts.

Meanwhile, Chua said Pua had also filed his defence today in response to Najib’s defamation action, and the legal papers were also served on the prime minister’s lawyer.