AmBank files bid to strike out Najib’s suit

AmBank has joined its former employee in the bid to strike out a lawsuit by former prime minister Najib Abdul Razak over alleged sharing of his account information with 1MDB-linked fugitive Low Taek Jho, or better known as Jho Low.

AmBank Islamic Bank Bhd and AMMB Holdings Bhd, through legal firm Messrs Shook Lin & Bok, filed the striking-out notice of application at the Kuala Lumpur High Court Registry on March 2.

Former AmBank relationship manager Joanna Yu’s own striking-out application is fixed for hearing before the High Court on April 15. 

According to cause papers sighted by Malaysiakini today, AmBank seeks the striking-out because Najib’s lawsuit allegedly disclosed no reasonable cause of action against them.

“The plaintiff’s (Najib) (legal) action herein is also scandalous, frivolous, vexatious and an abuse of court process of this honourable court,” they said through a copy of the notice of motion.

The commercial bank claimed that it did not cause the RM42 million SRC International case to be levelled against Najib, who was also former finance minister and advisor emeritus of the company (SRC).

On March 11, the defence closed its case in Najib’s trial over seven charges of abuse of power, criminal breach of trust and money laundering. The High Court fixed three days in May for oral submissions by both the defence and prosecution. 

“The plaintiff’s (Najib) claim (account mismanagement suit) herein is not bona fide and undermines the criminal investigations taken against the plaintiff which is contrary to public policy.

“The plaintiff’s claim was filed for collateral purpose, namely to thwart and interfere with the (RM42 million) SRC proceedings instituted against the plaintiff. The plaintiff’s action herein is an abuse of the court’s process,” AmBank claimed.

The commercial bank alleged that Najib’s claim for purported damage or loss from the SRC case cannot be attributed to it (AmBank).

AmBank also claimed that Najib’s entire lawsuit, in respect to his account ending with 694, is statutorily time-barred.

Reference to the bank account arose multiple times over the course of Najib’s RM42 million SRC trial.

In an affidavit in support of the striking-out application, AmBank Islamic Bank’s CEO Eqhwan Mokhzanee Muhammad claimed that Najib’s lawsuit seeks to “repair the weakness and gaps in the plaintiff’s defence in the SRC proceedings instituted against the plaintiff”.

“The plaintiff’s claim herein was commenced only after the prosecution had contended in the SRC proceedings that, despite the plaintiff’s allegation that his said accounts were manipulated by third parties and that the plaintiff was shocked to learn that RM42 million entered his said accounts, the plaintiff never complained, lodged a police report or sued the first defendant (AmBank Islamic Bank) on such matters,” Eqhwan said.

For the record, the crux of the prosecution’s case against Najib is that RM42 million from former 1MDB subsidiary SRC had been transferred to him, and that this involved his AmBank accounts ending with 880, 906 and 898.

On Dec 10 last year, it was reported that Najib filed the suit against AmBank and Yu for allegedly revealing his account information to Low. 

A day later on Dec 11, AmBank reportedly said that it will vigorously oppose Najib’s legal action.  - Mkini