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Wednesday, September 1, 2021

Umno drops appeal for recovery of RM116.7m

 


Umno has withdrawn its appeal before the Court of Appeal for recovery of RM116.7 million previously seized by the authorities during the investigation into the 1MDB affair.

This was due to the political party having previously succeeded in a separate legal proceeding before the Kuala Lumpur High Court to recover the sum.

Umno’s lawyer Tania Scivetti told Malaysiakini today they filed a notice of discontinuance on Monday (Aug 30), in relation to the appeal before the Court of Appeal.

The notice was in regard to the party's legal action to recover the 116.7 million, which targeted as respondents the following: Bukit Aman Commercial Crime Investigation Department (CCID) deputy director (intelligence/operation) Mohd Sakri Arifin, CCID assistant police commissioner R Rajagopal, Amar Singh Ishar Singh who was the then Bukit Aman JSJK director, the inspector-general of police, and the government.

This appeal was initially set for hearing before the Court of Appeal tomorrow.

Previously on Aug 5, it was reported that Umno and its former president and ex-prime minister Najib Abdul Razak have received the RM114 million. Both were successful third-party claimants in the government’s 1MDB-linked forfeiture suit against respondent Obyu Holdings Sdn Bhd. 

The forfeiture suit against Obyu Holdings was before the Kuala Lumpur High Court.

Former prime minister Najib Abdul Razak

“In regard to Umno’s appeal to recover the RM116.7 million, we have been instructed by Umno to file a notice of discontinuance which we did on Monday, Aug 30, 2021, on the basis that the said appeal would be deemed to be academic,” Scivetti said.

She added that Umno’s legal team would inform the Court of Appeal tomorrow regarding the notice of discontinuance. The political party was appealing against the Kuala Lumpur High Court decision on March 21, 2019.

On March 21, 2019, the Kuala Lumpur High Court struck out the suit by Umno for the return of RM116.7 million impounded by the police during a 2018 raid on Pavilion Residences in Kuala Lumpur. Obyu Holdings was the owner of the residences. 

Judge Nik Hasmat Nik Mohamad had allowed the striking-out application by the police and the government.

Senior federal counsel S Narkunavathy, who acted for the police and government, reportedly told the media that the court allowed the application on grounds that the legal action was trivial, an abuse of the court process, and scandalous, among others.

Umno filed the suit at the Kuala Lumpur High Court on Sept 21, 2018, seeking for the seized money to be returned to the party.

In its statement of claim, the party, among others, sought a declaration that the raids and the impoundment which were carried out on May 17, 2018, at Tower B, Pavilion Residences, Jalan Raja Chulan, were wrongful in law. - Mkini

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