The High Court in Penang last week had allowed Umno’s application to withdraw a lawsuit against Deputy Minister in the Prime Minister’s Department (Parliament and Law) Shabudin Yahaya with the liberty to file afresh.
Shabudin’s counsel Ashok Kandiah confirmed with Malaysiakini today that on Sept 1, the High Court judge, Wong Hok Chong, allowed the application in relation to Shabudin having left Umno, among others.
On July 14, online news portal Free Malaysia Today (FMT) quoted Umno president Ahmad Zahid Hamidi as saying that he had instructed his lawyers to drop the legal action against Shabudin (photo, above) and several others for defecting from the party and joining Bersatu.
Among the suits dropped are those against Home Minister Hamzah Zainudin, Minister in the Prime Minister’s Department (Economy) Mustapa Mohamed, Deputy Defence Minister Ikmal Hisham Abdul Aziz, Rural Development Minister Abdul Latif Ahmad, Sabak Bernam MP Mohd Fasiah Mohd Fakeh and Deputy Domestic Trade and Consumer Affairs Minister Rosol Wahid.
However, on Aug 4, lawyer Ashok Kandiah, who acted for Shabudin and the six others named above, was quoted by FMT as saying that Umno only wanted to withdraw the suits with liberty to file afresh, but that his (Ashok’s seven) clients instead sought for withdrawal of the suits with no liberty to file afresh.
The two listed plaintiffs for the suit in the High Court are Umno executive secretary Mohd Sumali Reduan and Deputy Environment and Water Minister Ahmad Masrizal Muhammad, who was also a former BN executive secretary.
Ashok said today that the Sept 1 hearing saw them (Shabudin’s legal team) raising objections to Umno’s application to withdraw the suit, with the liberty to file afresh.
“We (Shabudin) objected to the application on the grounds that (Shabudin sought for Umno to withdraw the suit) without liberty to file afresh.
“We objected as you cannot claim (to file a suit) and then withdraw the claim (with the liberty to file afresh) and have it (the potential for a future suit) hang over the head (of Shabudin).
“However, the High Court in Penang allowed their (Umno) application to withdraw (the suit) with the liberty to file afresh.
“In allowing the application, the judge had ruled that it was due to the suit was still at an early stage (of proceedings) with no defence having been filed yet (by Shabudin).
“The court had ordered Umno to pay RM10,000 cost,” Ashok said.
The lawyer added that they are now awaiting to take further instructions from Shabudin on whether to appeal the decision to the Court of Appeal.
When met at the High Court in Kuala Lumpur today, Sumali’s lawyer Nurul Hazreen Ahmad Kamal confirmed the outcome of the Sept 1 hearing at the High Court in Penang.
“On Sept 1, the High Court judge in Penang, Wong Hok Chong, allowed (Umno) to withdraw (the suit against Shabudin) with the liberty to file afresh,” Nurul Hazreen told Malaysiakini.
On Sept 29, 2018, during a speech at the Umno General Assembly, Zahid was quoted saying that summonses have been sent to lawmakers who quit the party.
On Aug 14 last year, an online news portal reported that Umno filed lawsuits against Hamzah, Mustapa (photo, above) and Ikmal Hisham over allegations of breach of trust, breach of contract, unjust enrichment and legitimate expectations.
Oct 6 to hear Umno’s bid to retract suit
Meanwhile, Nurul Hazreen also told Malaysiakini that the High Court in Kuala Lumpur today fixed Oct 6 to hear Umno’s application to withdraw its lawsuit against Hamzah, with the liberty to file afresh.
The lawyer is acting for the two listed plaintiffs’ in today’s matter, namely Sumali and then BN executive secretary Abu Khamis.
Nurul Hazreen said that the High Court fixed the Oct 6 hearing date because defendant Hamzah is opposing the application.
“The plaintiffs (Sumali and Abu) seek withdrawal of the suit with the liberty to file afresh.
“The other side (Hamzah) objects to the application as they seek withdrawal without the liberty to file afresh.
“The court then fixed Oct 6 to hear the application,” Nurul Hazreen said when met after having attended case management of the matter in the High Court today.
When contacted, Ashok confirmed the Oct 6 hearing date and said that they, on behalf of Hamzah, would raise objections against Umno’s bid to drop the suit with the liberty to file afresh. - Mkini
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