The affidavit by Dr Mahathir Mohamad against Prime Minister Najib Abdul Razak is not hearsay, argued former MCA president Ling Liong Sik’s lawyers.

This is because the affidavit is to affirm that Mahathir's remarks about Najib, not whether or not such comments were true, Ling’s defence said in its written submission to the High Court in Kuala Lumpur today.

Najib is suing Ling for urging the prime minister to resign, and alleging that he had misappropriated public funds.

Ling had included Mahathir’s affidavit as part of his defence and counter-suit against Najib.

The premier’s lawyers, however, want to strike out Mahathir’s affidavit, saying it is hearsay.

“The affidavit is based on Mahathir’s blog postings. There is no documentation to back up what he’s saying, so his affidavit is hearsay,” Najib’s lawyer Mohd Hafarizam Harun told reporters after the submissions were made in chambers.

In his affidavit, Mahathir had admitted to urging Najib’s resignation, and accusing the prime minister of lying in public, theft, bribery, money-laundering and undermining the constitution and legal system.

Defence lawyer Yeoh Cho Keong contends that Najib was being selective in his decision to sue Ling, as the premier did not sue Mahathir for saying worse things.

The court will decide on July 18 whether or not to approve the application to strike out Mahathir’s affidavit.