Former MCA president Dr Ling Liong Sik will go for mediation in his legal battle with Najib Abdul Razak only if the prime minister himself is present.
"If Ling is to participate in any mediation, it will be on the basis that the prime minister is also present to participate and ventilate all issues between themselves.
"After all, both the prime minister and Ling were once colleagues serving in the same cabinet.
"Otherwise, such mediation will be futile," the law firm of Ranjit Singh and Yeoh, which is representing Ling, said in a statement today, written on behalf of the former MCA president.
Yesterday, Najib's lawyer Mohd Hafarizam Harun said both parties had agreed to go for mediation at the mediation centre.
But according to Ling’s team, Najib’s counsel also requested that Najib’s presence be dispensed with.
Najib has filed a suit against Ling for defamation in relation to Ling's remarks that Najib had taken public funds.
The statement added that in the event Ling agrees to mediation, he feels it is important that truth and transparency be the cornerstones of any discussion, without which there is no point even beginning.
It added that while the mainstream media and online portals had reported what transpired at case management yesterday, some did not capture the essence of what transpired.
As the judge suggested that both parties explore mediation, Ling's lawyers said their response was that they need to read the contents of the prime minister's reply to their defence, and his defence to their counter-claim, before deciding whether they are amenable to mediation.
"At this stage, the reply had yet to be filed. Counsel for the prime minister had indicated that his client was amenable to mediation but requested that the prime minister's presence at the mediation be dispensed with."
Najib' lawyer Mohd Hafarizam Harun had told reporters yesterday after the case management before Kuala Lumpur High Court judge John Louis O'Hara, that both parties had agreed to go for mediation.
"Any interlocutory application, including if there is any application to strike out the suit, will have to be filed within 14 days from today," he added.
The next case management has been fixed for Feb 18.