Prime Minister Najib Abdul Razak said former law minister Zaid Ibrahim has no right to get details of four AmBank Islamic accounts implicated in the 1MDB scandal.
Najib cited Section 145 of the Islamic Financial Services Act 2013 (Ifsa) in his application to strike out Zaid's bid to have details of the four bank accounts disclosed, all said to be owned by the prime minister.
The striking-out application, which was filed on Sept 8, came up for case management before deputy registrar Nurul Ain Hamzah at the High Court in Kuala Lumpur today.
On Sept 13 last year, Zaid applied for a court order to force AmBank to furnish information related to five bank accounts, under the Bankers Book (Evidence) Act 1949 (BBEA).
However, AmBank replied that it only had records of four of the five accounts.
Last July, judicial commissioner Rohani Ismail ruled that Najib has sufficient interest to intervene in the discovery application, which has yet to be heard.
Besides Section 145, Najib also cited in his affidavit that the BBEA does not grant the right of discovery to any party.
“My lawyers will submit on the issue of Section 145 and BBEA during the hearing of the striking-out application,” he said.
Najib also claimed that the discovery bid is frivolous, vexatious and without reasonable cause of action and that an application to strike out a separate lawsuit from Zaid had also been made.
This refers to Zaid’s original representative action suit against Najib, stepson Riza Aziz, 1MDB and the government for breach of fiduciary duty.
The suit requested that the US$731 million deposited into Najib’s bank accounts be returned to the government, along with RM42 million received from 1MDB subsidiary SRC International Sdn Bhd.
According to Najib's lawyer Norhazira Abu Hayan, the deputy registrar has fixed Sept 28 for Zaid to reply to the striking-out application, while Oct 16 has been fixed for Najib to reply.
Deputy registrar Nurul Ain also fixed Nov 3 for case management for Zaid's case against AmBank, and Oct 3 for case management for his case against Najib, Riza and 1MDB. -Mkini
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