The defamation suit filed against Prime Minister Najib Abdul Razak’s aide Tengku Sariffudin Tengku Ahmad by former Kedah menteri besar Mukhriz Mahathir, related to four press statements, has been described as “frivolous and vexatious”.

In applying to strike out the suit, Tengku Sariffudin's lawyer, Jahaberdeen Yunoos, asked where in the statements do the words stated concerned Mukhriz.

“The plaintiff has to show where, as a result of the statements made, he has been ridiculed and resulted in him facing odium and being shunned by members of society. The words are not defamatory and the plaintiff (Mukhriz) was not the subject matter,” Jahaberdeen said.

“The plaintiff's action must be seen within the context of the defamation law and looking at it, it is not sustainable and it looks that the action is frivolous and vexatious. It is also an abuse of the court process and merely done for political purposes,” he said.

Jahaberdeen said the four statements issued by his client must be read in the whole context, and that they show that the plaintiff's claim has no reasonable cause of action.

He also said that there was no malice on the part of Tengku Sariffudin.

“As there is no reasonable cause of action, the plaintiff's claim must be struck out,” the lawyer argued.

Mukhriz filed the suit against Tengku Sariffudin in May, based on the four press statements issued between April 15 and 26, alleging that the Ayer Hitam assemblyperson was conspiring with his father, Dr Mahathir Mohamad, and former deputy prime minister Muhyiddin Yassin, to topple a lawful government.

Mukhriz claimed that the statements suggested that he would be given the PM's post once Muhyiddin steps down after replacing Najib as prime minister.

The former menteri besar said Tengku Sariffudin painted a picture that he (Mukhriz) was crazy for power and would do anything to achieve his ambition to become prime minister, including cheating, which is against the democratic process.

Mukhriz's counsel, Mohd Haniff Khatri Abdulla (photo), told the court that all the statements cited above clearly referred to his client and this showed that there is reasonable cause for action.

Haniff said the words from the press statements clearly showed that there was a sting of defamation against the plaintiff.

“The statements have severely tarnished his reputation as an assemblyperson, former Kedah MB, politician, as well as a public figure and a leader in Kedah,” the lawyer said.

Furthermore, there is also an affidavit in support, from Muhyiddin, denying that he was conspiring with Mukhriz to overthrow Najib.

“My colleague from the other side has not indicated in court whether he wants to cross-examine Muhyiddin,” Haniff said.

As a result of this, he added, the court cannot decide, at this preliminary stage, to strike out the suit as clearly there is a triable case.

Judicial Commissioner Roslan A Bakar fixed Jan 6 to deliver his decision.