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Judicial Commissioner Rules PKR Has No Legal Standing To Bring The Action

KUALA LUMPUR: A High Court has struck out a civil suit filed by PKR and five others against Prime Minister Datuk Seri Najib Tun Razak which implied that he had acted corruptly and illegally in receiving RM2.6bil in his personal accounts.

The other plaintiffs in the suit who filed on Aug 12 last year are jailed former Opposition Leader Datuk Seri Anwar Ibrahim, former PAS MP for Kuala Selangor Dr Dzulkefly Ahmad, PKR election director Datuk Saifuddin Nasution, Nurul Izzah and Tian Chua.

High Court Judicial Commissioner Mohd Zaki Abdul Wahab threw out the suit after he allowed Najib and three other defendants’ applications to strike out the suit.

The three other defendants are the Election Commission (EC), Barisan Nasional through its secretary-general Datuk Seri Tengku Adnan Tengku Mansor, and 1Malaysia Development Bhd (1MDB).

JC Mohd Zaki ruled that PKR had no legal standing to bring the action against the Prime Minister.

“In this claim, PKR is not represented by its public officer or any office-bearers of the party, so it has no locus standi (legal standing) to bring the action,” said JC Mohd Zaki.

Besides that, he said five other opposition leaders had to show that they had interest to bring the legal action against Najib.

“They want to get a relief which is criminal in nature, to declare that Najib has committed a criminal act, but this civil court has no jurisdiction to order for such criminal declaration, as only the Attorney-General is vested with the power to initiate criminal proceedings.”

In the suit, the plaintiffs, among others, sought a declaration that Najib, Tengku Adnan, 1MDB and the EC acted individually or in conspiracy with each other and committed illegal practices during the 13th General Election.

On the part of 1MDB over alleged conspiracy, the JC said the plaintiffs could not support the claim which was clearly based on “hearsay”.

“The plaintiffs did not have facts which could be used to deny the contention of 1MDB. There are no clear aspects on conspiracy,” said JC Mohd Zaki.

 

He said he found that the claim against 1MDB was an abuse of court process and ordered the plaintiffs to pay RM15,000 in costs to Najib and Barisan while 1MDB and the EC are to get RM10,000.

Speaking to reporters here, Najib and Barisan’s lead counsel Datuk Mohd Hafarizam Harun said he hoped that all issues relating to the RM2.6bil donation would now be put to rest.

Source: PKR Suit Against PM & Ors Fails To Stand