Court sets date for Najib’s appeal against filing defence in GANT1 suit

The Court of Appeal has set Monday for Prime Minister Najib Abdul Razak, 1MDB and the government's appeal against filing their defence in the suit brought by a Pakatan Harapan Youth group over payments to International Petroleum Investment Corporation (IPIC).

This was revealed by Mohd Haniff Khatri Abdulla, the lawyer for the group, who call themselves Gerakan Anak Muda Tolak Najib (GANT1).

Haniff said he received a letter from Najib, 1MDB and the government’s lawyers on Tuesday evening stating that the hearing of the appeal for a stay in filing their defence – pending their collective appeal in striking out the suit altogether – was fixed for Feb 5 by the Court of Appeal.

On Monday, the Kuala Lumpur High Court dismissed their application for a stay from filing their defence.

Justice Hue Siew Kheng ordered the defendants to file their defence by Feb 9, after reasoning that doing so would not prejudice them as it had been six months since the suit was filed.

"Furthermore, there is no averment on oath that any part of the consent award (with IPIC) was purportedly under the Official Secrets Act or any other restrictions to stop filing the defence," she ruled.

This followed Hue also dismissing the defendants’ application to strike out the suit last month.

Hue ruled in that instance that GANT1 has the locus standi to initiate the class action suit as concerned citizens.

This was because Second Finance Minister Johari Abdul Ghani (photo) said in 2016 that Malaysia would contest IPIC's claim in the Court of International Arbitration, but 1MDB later agreed to settle the claim without a clear explanation.

“Hence, the defendants failed to give sufficient materials before this court on why it happened, and that there was an arguable case which required further explanation in a trial," Hue said at the time.

The GANT1 suit, filed in July 2017, is seeking to declare the arbitration agreement between IPIC and Aabar Investment PJS on May 11 last year null and void.

They also want the details of the payment to IPIC and Aabar Investments PJS to be revealed, and a declaration that if the defendants are found to be liable for overpaying IPIC, that the excess amount should be returned to a special fund.

Additionally, the group wants the liberty to file committal proceedings against the defendants if they are found to be liable.- Mkini