Cops file application to strike out suit

Umno sues to reclaim more than RM100mil seized by police

KUALA LUMPUR: Three top officers of the Commercial Crime Investigation Department (CCID) are among the defendants who will file an application to strike out a suit by Umno over RM116.7mil cash seized by the police.

Their application is on the grounds that Umno had no locus standi to take legal action against them, said federal counsel Mohammad Sallehuddin Md Ali to reporters after meeting High Court deputy registrar Rumaizah Baharom in chamber.

FC Mohammad Sallehuddin, who acted for the government and the four defendants, said the court had fixed Nov 1 as the next case management.

CCID deputy director Senior Asst Comm Datuk Mohd Sakri Arifin, Asst Comm R. Rajagopal, CCID director Comm Datuk Seri Amar Singh Ishar Singh, plus the InspectorGeneral of Police and the government have been named as defendants in the suit filed by Datuk Seri Ab Rauf Yusoh, an Umno office bearer who is suing on behalf of the party.

Ab Rauf said that Umno empowered its party president to source and manage political funds/donations for the purpose of general elections.

He said these election funds were held in trust by the Umno president for Umno, adding that other than the president, no official or party member had access or full knowledge of the election fund.

The plaintiff claimed that the remainder of the election fund with other assets would be handed over by the outgoing Umno president to the incoming president.

Ab Rauf said that at the end of the May general election, a sum of RM160mil for the general election, which belonged to the party, was held in trust for Umno by Datuk Seri Najib Tun Razak.

Then on May 17, SAC Mohd Sakri conducted a search and seizure of a unit at Pavillion Residences, he said.

On May 25, he said Comm Amar held a press conference to declare that, among others, cash amounting to RM114mil was seized by the raiding team from the premises.

The plaintiff said on June 28, Comm Amar announced that the amount seized was RM116,700,000 and not RM114mil.

Ab Rauf said earlier on May 17, ACP Rajagopal, without reasonable cause, applied to the Kuala Lumpur magistrate’s court for a search warrant for the premises to be issued under the Criminal Procedure Code for an alleged commission of an offence under the Penal Code.

He claimed that magistrate Mahyudin Mohmad Som allowed ACP Rajagopal’s application without proper scrutiny and wrongfully issued a search warrant dated May 17.

Ab Rauf alleged that by reason of malice and the unlawful seizure, Umno was injured.

He said the defendants were compelled to restore the alleged seized amount to Umno and also to compensate the party for the continuous injury, loss and damages.

He claimed that Umno through its solicitor via a letter dated July 16 to Comm Amar had requested, among others, the list of the alleged seized amount, a copy of photographs of the alleged seized amount and a copy of the polic report over the search and seizure.

The plaintiff is seeking, among others, a declaration that the search and seizure conducted on May 17 on the said premise is illegal; an order to return the RM116,700,000 to Umno; an order to return the RM43mil being the difference between RM160mil and RM116,700,000 to the party; and general, aggravated, exemplary and/or punitive damages.

Yesterday, Umno’s counsel Datuk Hariharan Tara Singh said the court also ordered the defendants to file their affidavitinreply and defence.