Former MCA president Dr Ling Liong Sik will cite a Court of Appeal case between Pahang Menteri Besar Adnan Yaakob and Utusan Malaysia as a ground to strike out the suit against him by Prime Minister Najib Abdul Razak.

Ling's counsel Ranjit Singh said this after Kuala Lumpur High Court judge Nor Bee Ariffin fixed Sept 29 to hear the application, and also Najib's application to strike out Ling's defence.

"We will use the decision by the Court of Appeal in the Pahang MB's case where (it was ruled that) an elected representative is not allowed to sue.

"The move is seen as stifling freedom of speech," said Ranjit.

He added that parties have been instructed by the court to prepare their submissions for the hearing date since the matter cannot be heard today due to another important hearing.

Adnan filed his defamation suit after the Umno-owned daily criticised his handling of the Cameron Highlands landslide.

However, the Court of Appeal unanimously allowed Utusan's appeal six months ago after ruling that it appears that Adnan was suing in his capacity as a politician or an elected representative.

In the written judgment, Court of Appeal judge Idrus Harun said public officials, including politicians who hold public office, can be criticised by the media as such practice is essential in a democracy, while they can react to criticism by holding press conferences or utilising state machinery to explain.

Lawyer Mohd Hafarizam Harun, representing Najib, told reporters today that they would be arguing that Najib had a locus standi (legal standing) to institute the suit.

"We will also be seeking to strike out Ling's defence of justification, fair comment and qualified privilege," he said.

Besides Hafarizam, lawyer M Reza Hassan will also appear for Najib.

Reza was lead counsel who appears for Utusan in the appeal against Adnan.

Najib had sued Ling, who was former transport minister, last October, for his remarks that Najib had allegedly taken public funds when calling on the prime minister to resign.

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

Ling in his defence and counter-claim questioned why Najib had singled him out with the filing of the suit against him, when he should have also taken action against past and present Umno leaders who criticised him.

It was previously reported that Najib has managed to strike out former prime minister Dr Mahathir Mohamad's affidavit in support of Ling's striking-out application.