The government and the police are seeking to strike out Umno's civil suit to reclaim the RM116.7 million seized in raids on properties linked to former party president Najib Razak.
According to federal counsel Mohammad Sallehuddin Md Ali, among the reasons behind the striking-out application is the issue of locus standi (legal standing).
"We will file the application to strike out and seek a stay of proceedings before the next case management, which has been fixed for Nov 1," he told reporters after meeting High Court deputy registrar Rumaizah Baharom in chambers.
Sallehuddin added that the police and government will request that the striking-out application is heard first before defence is filed.
Besides the civil suit, Umno's lead counsel Hariharan Singh said that the party also filed an application of discovery on Commercial Crime Investigation Department director Amar Singh for the items seized in the May raids.
"The police and government are also applying for a stay, along with the filing of their defence. We will be objecting to the stay and striking-out applications," Hariharan added.
The suit was filed on Sept 24 by Umno executive secretary Abdul Rauf Yusoh.
Besides Amar, Rauf named police officers R Rajagopal and Mohd Sakri Ariffin as well as inspector-general of police Muhammad Fuzi Harun and the government as defendants.
Rauf is seeking a declaration that the raid and seizure on May 17, at one of the premises, was wrong. He is also seeking a return of the RM116.7 million to Umno.
The party is also seeking a further return of RM43.3 million for general, aggravated and exemplary damages.
In his 52-page statement of claim filed by lawyer Tania Scivetti, Rauf claims that then-Umno president Najib Abdul Razak had kept the money for election purposes.
He said that the president is the trustee for Umno's election funds which party members have no access to. These funds, he added, are handed over by the president to his successor.
When Najib was prime minister, Rauf pointed out, a safe was built at the official residence in Seri Perdana to store these funds.
"Normally, the funds for the elections are kept there.
"However, after the 14th general election, to ensure the security of the money, Najib kept the funds at an apartment in Pavillion Residence," read the statement of claim.
Rauf, who was the Umno organising secretary at that time, claimed that the RM116.7 million belongs to the party, and that the defendants had acted wrongly to seize the cash.
He also noted that Umno's requests to the defendants to have the money returned have fallen on deaf ears, which has resulted in the party suffering losses.
The discovery application, meanwhile, was filed by Rauf through the party's organising secretary, Mohd Sumali Reduan, on Oct 3.
Umno is seeking to have Amar produce a police report pursuant to the raid, pictures of the money seized and also a rough diagram of the apartment where the money was discovered.
The party wants Amar to reply to the discovery application within 14 days, but Sallehuddin said his clients would file for a stay. - Mkini
Please show the bullshit money trail that the money came from umngok account.
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