Datuk Seri Najib Razak has dismissed Tun Dr Ling Liong Sik's claim of being made a "scapegoat" after the prime minister decided to sue the former minister instead of The Wall Street Journal (WSJ) which first reported the RM2.6 billion "donation".
Najib said it was his prerogative who he wanted to sue first.
He said he was not obliged to file a suit against WSJ and others before going after Dr Ling, who was the transport minister in the Cabinet of long-serving former prime minister, Tun Dr Mahathir Mohamad.
"The defendant claims to be an elder statesman but he should be mature enough and responsible in dealing with the repercussion of his own actions," Najib said in his defence, responding to Dr Ling's counter-claim.
He denied Dr Ling's claim that his defamation suit was to make the former MCA president "a scapegoat or collateral damage" to justify his action.
Najib said the onus was on Dr Ling to prove he was made a scapegoat, especially after the latter claimed to be an experienced and influential public figure.
"The defendant (Dr Ling) cannot escape from the liability in defamation only because the plaintiff (Najib) has yet to take any action against others."
Najib said Dr Ling had acted recklessly and with bad intention to tarnish his image and reputation.
"As a citizen, prime minister and finance minister, an MP and community leader, I have the right to defend my dignity and reputation by instituting an action against the slanderer. This includes the right to sue the defendant (Dr Ling).
Najib's defence was filed yesterday.
Najib filed the suit last October after Dr Ling called him unfit to lead Malaysia for receiving RM2.6 billion into his personal bank accounts, as reported by WSJ last July.
In his defence, Dr Ling said the Umno president had failed to disclose the identity of the donor, the source of the funds and how it was utilised.
He said Najib had admitted to receiving the money as a donation on December 8 last year but had not channelled the money into Umno's accounts.
In his counter-suit filed last month, Dr Ling claimed Najib abused the court process and did not pursue any action for defamation against others, including Umno leaders who have repeatedly criticised his conduct and integrity on various occasions.
WSJ had reported US$700 million (RM2.6 billion) was transferred into Najib's personal bank accounts, the largest portion of which was moved two months before the May 2013 general election.
The Malaysian Anti-Corruption Commission said the money was a donation from the Middle East. Najib has denied using public money, including from 1MDB, for personal benefit, though questions were raised over the source and purpose of the donation.
The next case management before Kuala Lumpur High Court judge John Louis O'Hara has been fixed on February 18. – January 13, 2016.
