High Court allows Najib’s bid to strike out suit over 1MDB
KUALA LUMPUR: The High Court here yesterday allowed Prime Minister Datuk Seri Najib Tun Razak’s application to strike out a suit filed by former prime minister Tun Dr Mahathir Mohamad and two others over tort of misfeasance in public office pertaining to 1Malaysia Development Berhad (1MDB)’s funds.
Najib’s lawyer Datuk Mohd Hafarizam Harun said Judge Abu Bakar Jais made the ruling after finding that the Prime Minister is not a public officer in public office but a member of administration.
“The court has agreed with our argument that the Prime Minister, ministers, deputy ministers and political secretaries are not in public services or public officers but they are members of administration as defined in the Federal Constitution,” he told reporters after the judge delivered the judgment in chambers.
The lawyer explained that because they are not public officers in public office, the action by the plaintiffs to file the suit citing breach of fiduciary duties or tort of misfeasance in public office, did not even merit going into whether the defendant (Najib) had breached his fiduciary duties.
He said the judge also held that the suit filed by Dr Mahathir, 90, former Batu Kawan Umno vice chief Datuk Seri Khairuddin Abu Hassan, 54, and former Langkawi Wanita Umno member Anina Saadudin, 41, had no reasonable cause and was frivolous and vexatious.
Mohd Hafarizam said the judge also ordered the three plaintiffs to pay RM30,000 in costs to Najib, who is the defendant.
Justice Abu Bakar in his judgment said the important elements of public officer and public office were not being satisfied by the plaintiffs for their action, meaning that the claim was plain and obvious to be struck out.
He also said there was no reasonable cause of action and the claim by the plaintiffs was frivolous and vexatious.
“There are may strong reasons for the plaintiffs to bring this action against the defendant. There may also be millions who would support and understand why the plaintiffs are suing the defendant. But for all and sundry, it is fundamental to appreciate a suit can only stand based on the law that is applicable.
“Our own law as explained, no matter how reasonable it may be perceived, does not permit the plaintiffs’ suit.
“The application of the defendant for striking out of the plaintiffs’’ action, is therefore allowed with costs,” he said.
Lawyer Mohamed Haniff Khatri Abdulla, who acted for plaintiffs, said he would file an appeal over yesterday ruling.
On March 23 2016, Dr Mahathir, Khairuddin and Anina filed the suit against Najib for alleged misconduct on the part of the prime minister involving strategic development fund 1Malaysia Development Berhad (1MDB).
Najib had on April 19 last year filed the application to strike out the suit. — Bernama
The court has agreed with our argument that the Prime Minister, ministers, deputy ministers and political secretaries are not in public services or public officers but they are members of administration as defined in the Federal Constitution. Datuk Mohd Hafarizam Harun, Datuk Seri Najib Tun Razak’s lawyer