Pua's appeal deferred pending COA matter involving Najib

A seven-member Federal Court bench today adjourned the hearing of Damansara MP Tony Pua's appeal against an injunction imposed on him and upheld by the Court of Appeal, following a suit filed by former premier Najib Abdul Razak.

This came after the apex court bench, led by President of the Court of Appeal Ahmad Ma'arop, was informed that Pua also filed an appeal at the Court of Appeal against Najib's withdrawal of the suit against him, which was granted by the High Court in July last year.

Earlier, Najib's lawyer Mohd Hafarizam Harun said Pua's appeal should not be heard as the matter is academic following the former premier's withdrawal of the suit.

Lawyer Malik Imtiaz Sarwar, who is acting for Pua, told the bench that the matter is not academic as the three-member Court of Appeal took judicial notice that Najib did not commit any wrongdoing in regard to 1MDB and was cleared by then attorney-general (Mohamed Apandi Ali).

He said the appeal should be heard as it is an issue of public interest.

"It is an important issue and the apex court can listen due to its implications. It's an important matter as the reported judgment can be a precedent on how to deal with injunction (matters)," said Malik, who appeared with Surendra Ananth and Tan Cheng Leong.

Hafarizam and Malik said alternatively, the apex court can defer Pua's appeal until his other appeal at the Court of Appeal is heard on April 4.

Justice Ahmad agreed and fixed the matter for case management on April 5.

The other judges were Chief Judge of Malaya Zaharah Ibrahim and Justices Azahar Mohamed, Alizatul Khair Othman, Tengku Maimun Tuan Mat, Idrus Harun and P Nalini.

Pua was granted leave to appeal by the Federal Court on June 20, last year, which resulted in today's matter. 

However, the High Court judge Mohd Zaki Abdul Wahab allowed Najib to withdraw the suit on July 30, last year after Pua's objection. Pua then filed an appeal against the withdrawal. 

Najib had filed the suit in April 2017, his second against Pua, over Pua's Facebook live session where the then opposition MP alleged that the tabling of amendments to Act 355 by PAS president Abdul Hadi Awang at that time was to divert attention from 1MDB. As a result, an injunction was granted. 

At the Court of Appeal, Justice Yaacob Md Sam wrote that Najib had been cleared by the Public Accounts Committee (PAC), attorney-general, police, MACC and Bank Negara with regard to allegations on the 1MDB scandal, resulting in the appeal. 

Najib, since July last year, has been charged with 42 counts of money laundering, abuse of power and criminal breach of trust related to 1MDB and SRC International Sdn Bhd. He claimed trial to all the charges. - Mkini