There is no need to cross-examine Prime Minister Najib Abdul Razak over his supporting affidavit to strike out a civil suit brought by former premier Dr Mahathir Mohamad and two others as the affidavit involves a point of law.

Nor Hazira Abu Haiyan, the lawyer representing Najib, said the application made by Dr Mahathir and two others to cross-examine the prime minister should not be allowed because it could be done during the hearing of the striking-out application or the trial.

“We submitted that the affidavit on public officer involves a point of law and the issue should be determined during the striking out application or trial,” she told reporters after both parties completed their submissions in chambers.

Meanwhile, lawyer Mohamed Haniff Khatri Abdulla representing Dr Mahathir, former Batu Kawan Umno division vice-chief Khairuddin Abu Hassan and former Langkawi Wanita Umno member Anina Saadudin, said his clients wanted to cross-examine Najib for the contradictions appearing in the affidavit.

He said Judge Abu Bakar Jais fixed July 27 for a decision.

Dr Mahathir, 90, Khairuddin, 54, and Anina, 41, on March 23, sued Najib over alleged misconduct on the part of the prime minister involving strategic development fund 1Malaysia Development Berhad (1MDB).

Najib had, on April 19, filed the application to strike out the trio’s suit on grounds that there were no elements of tort misfeasance and breach of fiduciaries in public office as claimed by the three plaintiffs.

- Bernama