By Malaysiakini
The High Court in Kuala Lumpur today struck out suits by PKR and five other parties against Prime Minister Najib Abdul Razak, BN secretary-general Tengku Adnan Tengku Mansor, 1Malaysia Development Bhd (1MDB) and the Election Commission (EC) over the RM2.6 billion “donation”.
Judicial commissioner Mohd Zaki Abdul Wahab ruled that the suits are not sustainable against the four.
He individually allowed the applications from Najib, Tengku Adnan representing BN, 1MDB and the EC to strike out the suit.
Mohd Zaki said the court, being a civil court, cannot initiate criminal proceedings against Najib or BN.
He also ruled that the court cannot make any declaration against the EC as only the Election Court can make such declarations, or declare the results of the 13th general election as null and void.
The judicial commissioner also ruled the suit against 1MDB as not sustainable as it is based on hearsay reports that are not proven.
PKR may ask for donation
Mohd Zaki also ordered the plaintiffs to pay a total of RM50,000 in costs to the four defendants.
This is RM15,000 each to Najib and BN secretary-general Tengku Adnan, and RM10,000 each to 1MDB and the EC.
Nurul Izzah Anwar
PKR leaders Nurul Izzah Anwar and Tian Chua, two of the plaintiffs in the case, said they will study the decision before deciding on whether to file an appeal, adding they may decide to have a donation drive to pay for the RM50,000 in cost.
Nurul Izzah further lamented that this marks the blockade of of one of the few avenues left for the people to ask about the RM2.6 billion donation placed into Najib’s personal accounts.
“We have tried to go to the court for recourse and we are still awaiting for the attorney-general to decide, and meanwhile Najib had not answered in Parliament.
“Hence, I would like to urge the public to press for change and reforms with the coming of the new Election Commission chief, to ensure there are clean and fair elections,” the member of parliament for Lembah Pantai pleaded.
She also thanked lawyers Tommy Thomas and Michelle Kumar for representing the plaintiffs in the case pro-bono.
Tian Chua further said they will hold a meeting sometime next week or tonight to decide on whether to seek donation to pay for the costs.
He added that this is a public interest case that had attracted worldwide attention for the past year but remain unresolved with no action taken.
This is the latest case brought to court regarding 1MDB, and the donation into Najib’s personal accounts, as previously former Umno member Anina Saadudin also sued Najib and party executive secretary Abdul Rauf Yusof calling for the donation to be returned to Umno.
But like the PKR case today, this was also strucked out by Mohd Zaki.
Najib and Tengku Adnan were represented by Mohd Hafarizam Harun, while 1MDB was represented by Tan Hock Chuan.
Senior federal counsel Amarjeet Singh and Azizan Md Arshad appeared for the EC.
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