Mohamed Hanipa Maidin said Najib could be summoned with a subpoena to give evidence for Hadi or Clare.
“This is because there is a suit by Hadi and a counter suit by Clare which implicated the prime minister,” he said when met at the High Court registry here today.
The Sepang MP was here to accompany Parti Amanah Negara deputy secretary-general Abang Ahmad Kerdee Abang Masagus to file a quo warranto application to declare Chief Justice Raus Sharif’s appointment as unconstitutional.
Hanipa said as in Malaysia there would be witness statements, but that Najib would be subjected to long and intense cross-examination.
“In England, the defamation suit will also be heard by a jury,” he said.
Hadi had filed his suit at the London High Court in April following an article Clare had written on Aug 6 last year.
The Sarawak Report ran an eight-paragraph article in which it claimed RM90 million was “reckoned” to have entered the accounts of top PAS leaders to woo them into supporting Umno and Barisan Nasional.
Clare, in her defence to Hadi’s suit, said the PAS leader was not named or identified in any statement in the article.
The Sarawak Report editor, who last month filed a counter-claim, said Hadi wanted to discredit her and the whistleblower website in its “justified campaign” that Najib be removed from office and be brought to justice for his alleged corrupt and criminal conduct.
In court papers sighted by FMT, Clare said Hadi, whether by himself or his agents, had been party to the publication of a series of articles, viciously or racially abusing, defaming and harassing her on the Third Force and Malaysia Today websites.
In it, she had implicated Najib in the financial scandal of state investor 1MDB, the Scorpene submarine deal and the murder of Mongolian model Altantuya Shaariibuu, the prosecution of Anwar Ibrahim for sodomy, endemic corruption and money politics in the 2013 general election.
Clare has also listed out at least 10 senior PAS officials from the ulama group who have allegedly been beneficiaries of money sourced from 1MDB.
She said Hadi’s suit was an infringement of her right and the public’s right to freedom of expression, especially in the discussion of political matters.
Meanwhile, Hanipa said no one had the business to demand an apology from former Bar Council president Ambiga Sreenevasan over disclosure in court documents that she was the source of information that PAS leaders received money from Najib.
In a Facebook posting, Hanipa said the leaders aligned to Hadi must be patient as the trial had not started.
“What is revealed in court are pleadings filed by Clare’s lawyers in response to Hadi’s suit and her counterclaim. These are facts that need to be proved during trial,” he said.
Hanipa said at this juncture even Clare’s lawyers could not reveal anything as the counsel were governed by privileged client-solicitor communication.
Hanipa said it was wise to remain quiet and not speak up and show their ignorance.
Yesterday, PAS vice-president Idris Ahmad had said Ambiga could not remain silent as she had a reputation as an activist who fought for integrity.
The Bukit Gantang MP wanted her to apologise for implicating leaders from the Islamist party.
Joining in the criticism were Kuala Nerus MP Khairuddin Aman Razali and Minister in the Prime Minister’s Department Abdul Rahman Dahlan who challenged Ambiga to reveal her sources on the allegation concerning 1MDB funds and PAS.
Ambiga has declined to comment, but lawyer R Kengadharan who came in support of her said any demand for an apology was akin to harassing a witness.