The High Court in Kuala Lumpur will decide on July 4 whether or not former premier Dr Mahathir Mohamad’s affidavit against Prime Minister Najib Abdul Razak can be used or not.

This is after hearing Najib’s application to strike out the affidavit, submitted in his suit against former MCA president Ling Liong Sik, on June 26.

Najib’s lawyer Hafarizam Harun told reporters today that the High Court will also hear on Aug 4 an application by Ling to strike out the entire suit, as well as listen to a separate application by the PM to strike out certain parts of Ling’s defence.

It was reported that Mahathir, in his affidavit in support of Ling, had questioned why he was accorded the freedom of expression to criticise Najib while Ling is not.

He said he noted the prime minister's reply to Ling’s counter-claim that he (Najib) accepted Mahathir’s criticism as “... a healthy practice of freedom of expression under the leadership of the plaintiff, as the prime minister of Malaysia”.

“The PM is correct (at least on this score). Therefore, it does seem strange to me that I am accorded the right to freedom of expression, but Ling is not,” Mahathir said in his affidavit, which also added postings on his blog regarding 1MDB and the RM2.6 billion donation allegedly received by Najib.

Najib filed a suit on Ling last October for defamation, following a report quoting the former MCA president and transport minister as urging Najib’s resignation, over allegations of funds entering into the prime minister’s personal bank accounts.

Najib, who is also Umno president, had complained that the words uttered by Ling meant that he had abused his powers, was not qualified to be the leader of a government, that he was involved in a scandalous or financial conspiracy and that he was not fit to be the BN chairperson.

He is seeking general, aggravated and exemplary damages from the former MCA president, besides a written apology.