Court has no jurisdiction to hear RM2.6b suit, lawyer argues

A lawyer representing Prime Minister and BN chairperson Najib Abdul Razak and BN secretary-general Tengku Adnan Tengku Mansor told the High Court in Kuala Lumpur today that it has no jurisdiction to hear the PKR suit on the RM2.6 billion.

Mohd Hafarizam Harun submitted what the PKR was seeking consisted of criminal elements, which do not fall within the civil jurisdiction of this court.

Hafarizam said the allegations in the suit were made under provisions of the Anti-Money Laundering and Financial of Terrorism Act, the Malaysian Anti-Corruption Act, the Financial Services Act and the Foreign Exchange Act.

He said the plaintiffs were also seeking a declaration that the BN is an unlawful society, within the meaning of Section 41 of the Registrar of Societies Act.

"With due respect, this court does not have a jurisdiction to declare what is allegedly criminal in nature," he said.

Furthermore, Hafarizam (photo) said, the application to strike out the 13th general election can only be done through an election petition and not through the civil court.

"This is highlighted in the PAS vs Election Commission case on indelible ink, where the court dismissed the application to declare the election process null and void, for this must be done in accordance with Article 118 of the Federal Constitution, by way of an election petition," he said.

Lawyer Tan Hock Chuan for 1MDB submitted that the corporate entity was not a political party and therefore should not be brought into this action, that the suit was filed without basis and without purpose, and that 1MDB has been included for all the wrong reasons.

'Funds did not come from 1MDB'

Furthermore, Tan said, the MACC has made it clear that the alleged funds did not come from the 1MDB, as stated in the MACC press release in August, and that the funds are stipulated to have come from a Middle East donor and not sourced from 1MDB.

He said the action by the plaintiffs was based on media reports published in newspapers and also on the online media, and that press reports could be hearsay, for there is no evidence before the court.

Najib, along with Tengku Adnan, 1MDB and the Election Commission, are seeking to strike out the suit.

The suit was filed by former opposition leader Anwar Ibrahim, PKR vice-presidents Nurul Izzah Anwar and Tian Chua, former secretary-general Saifuddin Nasution Ismail and former PAS member Dr Dzulkefly Ahmad.

Najib, Tengku Adnan, 1MDB and the EC are named as defendants in the suit, with the claimants stating that the public funds had been used in money-laundering, corruption and rigging of elections.

They want the 13th general election results to be declared null and void because of this.

[More to follow]

-Mkini