An allegedly defamatory Facebook post by Taiping MP Nga Kor Ming was aimed at attacking Prime Minister Najib Abdul Razak in his personal rather than his official capacity, the Kuala Lumpur High Court ruled today.

As such, Judicial Commissioner Siti Khadijah Syed Hasan Badjenid said Najib has the right to proceed with his suit.

“In my view, (the impugned words refer to Najib) in his personal capacity, not in his official capacity. Therefore he has locus standi to maintain this suit,” she said.

However, Nga's lawyer Gobind Singh Deo informed the court that he intends to appeal against today's decision.

During the proceedings today, Gobind had argued that Najib had no locus standi to proceed with the defamation suit against Nga, despite Najib having filed the suit in his personal capacity.

The distinction of whether Najib is suing in his personal or official capacity is legally significant, as several legal precedents have been set in the past where governments and public officials may not initiate defamation suits.

This is to allow more room for criticism to be made against them, without citizens having to worry about having their complaints met with a defamation suit.

'Study the substance'

Gobind argued that the court should study the substance of Najib's filing, instead of merely taking it at face value.

“(Nga's Facebook post states) this is a government meeting? Who is the prime minister now? Why is (Najib's wife Rosmah Mansor) there?

“I don't see how can it be about personal capacity,” he said.

He claimed that this should be a 'clear-cut' case where Najib has no locus standi to maintain his suit.

He added that the situation would have been different if Nga had been criticising Najib's ability as a chef at home, for example.

Nga's Facebook post had featured a photo of Rosmah, Najib, and other officials sitting around a table.

He had claimed that it was a photo of a cabinet meeting and questioned why Rosmah was present.

Najib countered that the photo was taken during an official visit in China, and those present were discussing whether they should return to Malaysia as the late Perak sultan, Azlan Shah, had just passed away.

Najib and Rosmah had filed the defamation suit on June 11 last year, as the first and second plaintiff respectively. Nga is the only defendant in the case.

Meanwhile, Najib and Rosmah's lawyer Mohd Hafarizam Harun pointed out that Nga's Facebook post had resulted in personal attacks against Najib.

Unlike precedents cited by Gobind, such as then Terengganu Menteri Besar Ahmad Said's case against Batu Burok assemblyperson Dr Syed Azman Syed Ahmad Nawawi, and Pahang Menteri Besar Adnan Yaakob's case, Hafarizam pointed out that plaintiffs in these cases sued in their official capacities.

In contrast, Najib is acting as an individual in this case.

“Just because he holds the position of prime minister, does he forfeit his rights as an individual?

“(Penang Chief Minister) Lim Guan Eng has sued and won so many times. What's the difference here?” he argued.

The hearing will resume on April 11, where the court would hear an application from the plaintiffs to strike out parts of Nga's defence.

At the same time, the court will also hear an application from Nga to strike out the entire suit.

The case is slated to be heard starting May 16 should the matter goes on full trial .