A High Court judge in Kuala Lumpur today sought further clarification from lawyers representing Petaling Jaya Utara MP Tony Pua and Prime Minister Najib Abdul Razak regarding the 1MDB memorandum and articles of association.
Judicial Commissioner Faizah Jamaludin asked for this information following Najib's application to strike out Pua's misfeasance in public office suit, and set Aug 11 for case management to allow the parties to furnish the details.
Najib's lawyer Mohd Hafarizam Harun said his client's stand is that he was not a director nor a shareholder in 1MDB, and hence, could not provide the memorandum and articles of association.
“The court wants parties to see whether they can produce them. Najib is not in a position to furnish that document. As Pua had relied on it (to initiate the suit), he must produce it."
Initially, today was fixed for a decision on Najib's striking-out application.
Hafarizam said the judge will fix a date to decide on their application after the issue on memorandum and articles of association is resolved.
Pua, who is also DAP national publicity secretary, had filed a misfeasance in public office suit against Najib and the government earlier this year.
He is seeking general, aggravated and exemplary damages to be assessed by the court.
Pua 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 claimed 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.
The 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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