1MDB’s US$8b suit against me is abuse of court process: Najib

 

The actual wrongdoers behind the massive loss suffered by 1MDB were dropped from its civil action, claimed Najib Abdul Razak.

The former prime minister contended that due to him still being retained as one of the defendants targeted by the US$8 billion lawsuit, therefore the legal action amounted to an abuse of the court process.

He raised this in his four-page statement of defence against 1MDB’s civil suit against him and seven others over its financial loss due to alleged abuse of power and breach of fiduciary duties.

The other seven defendants are ex-1MDB executives Terence Geh, Casey Tang, Jasmine Loo, Vincent Beng, Kelvin Tan, Nik Faisal Ariff Kamil, and Radhi Mohamad.

When filed at the Kuala Lumpur High Court on May 7 last year, the suit initially also listed as defendants 1MDB’s ex-directors Che Lodin Wok Kamaruddin, Ismee Ismail, Ong Gim Huat, and Ashvin Jethanand Valiram; ex-CEOs Shahrol Azral Ibrahim Halmi and Mohd Hazem Abdul Rahman; and ex-chief financial officer Azmi Tahir.

However, The Edge reported that according to a filing on July 12 last year, their names have been removed from the suit.

Ismee, Shahrol, Hazem, and Azmi had also testified as prosecution witnesses in the separate, ongoing criminal trial against Najib (above) in the RM2.28 billion 1MDB corruption case.

According to his statement of defence filed on March 28 this year and sighted by Malaysiakini, Najib denied each and every allegation pleaded by 1MDB in its civil suit against him, “save as is hereinbefore expressly admitted”.

The former finance minister put the fund - which is wholly owned by the Minister of Finance Incorporated (MoF Inc) - to strict proof over each claim.

‘Casts suspicion on plaintiffs’

“It is apparent from the amended writ summons that the wrongdoers that were initially named were removed.

“This casts suspicion and disingenuous on part of the plaintiffs in the filing of this suit, thus amount to abuse of process,” claimed Najib, who used to be chairperson of 1MDB’s board of advisors.

However, the court filing by his counsel from law firm Shafee & Co did not specifically state which defendants - who were dropped from the suit - were the alleged wrongdoers.

Najib said the statement of defence was filed without prejudice to his right to file further interlocutory applications, such as to amend the defence or to strike out the whole suit.

“At this juncture, this statement of defence is also filed without prejudice to the first defendant’s right to remain silent in relation to the ongoing criminal case numbers WA-45-7-11/2018 and WA-45-8-11/2018,” he added.

The case numbers refer to the 1MDB criminal trial.

In the criminal proceedings, the accused’s defence team contended among others, that he has no knowledge of any wrongdoing and that the embezzlement of monies from 1MDB was solely masterminded by businessperson Low Taek Jho, also known as Jho Low, and several members of the sovereign wealth fund’s management.

It was previously reported that Najib and 1MDB agreed that the full hearing of the civil action would not proceed until the disposal of the criminal proceedings.

In the lawsuit, the plaintiffs are 1MDB and its four subsidiaries - 1MDB Energy Holdings Limited, 1MDB Energy Limited, 1MDB Energy (Langat) Limited, and British Virgin Islands-based Global Diversified Investment Company Limited (previously known as 1MDB Global Investments Limited).

The present suit is one among 22 civil actions launched by 1MDB and its former subsidiary SRC International last year, targeting those who purportedly defrauded the two government-owned entities, whether knowingly or unknowingly.

The plaintiffs are represented by counsel from law firm Skrine. - Mkini