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Thursday, August 10, 2017

Decision on Najib’s bid to strike out Pua's 1MDB suit, on Oct 13



The High Court in Kuala Lumpur today fixed Oct 13 to decide on Prime Minister Najib Abdul Razak and the government's application to strike out the misfeasance in public office suit filed by Tony Pua in relation to 1MDB. 
Judicial commissioner Faizah Jamaludin fixed the date after hearing further submissions on the matter, particularly on 1MDB’s Memorandum and Articles of Association. 
Lawyer Mohd Hafarizam Harun, who appeared for Najib, told reporters that his client's stance is that since he is not a director nor a shareholder of 1MDB he cannot supply the document. 
"We say that the document should be obtained from 1MDB itself, " he said. 
The date of the decision was also confirmed by Gobind Singh Deo, the lawyer for Pua, who is Petaling Jaya Utara MP. 
Faizah had initially intended to deliver her decision today, upon receiving the 1MDB document.
Pua, who is also a Public Accounts Committee member and DAP national publicity secretary, had filed the misfeasance in public office suit against Najib earlier this year. 
Pua, who is also a Public Accounts Committee member and DAP national publicity secretary, had filed the misfeasance in public office suit against Najib earlier this year.
He is seeking general, aggravated and exemplary damages to be assessed by the court.
Pua in his statement of claim said Najib is a public official since he is the Pekan MP, the prime minister and chairperson of the 1MDB board of advisors.
He claimed that as the prime minister, finance minister and chairperson of the board, Najib had a direct role in 1MDB to approve appointments and removals in the company.

Pua further alleged that Najib had recklessly used his influence and position to procure guarantees for 1MDB bonds and that he had maliciously approved associated companies to enter into various investment transactions and agreements.
Najib's lawyers applied to strike out the suit by claiming that he was not a public official but a member of the administration.
This ground was similarly used to successfully strike out a suit filed by former premier Dr Mahathir Mohamad, former Umno members Khairuddin Abu Hassan and Anina Saadudin against Najib at the Kuala Lumpur High Court. - Mkini

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