Court strikes out PKR suit against Najib on GE13 overspending

PKR filed a suit against Datuk Seri Najib Razak, soon after revelations that he received RM2.6 billion to fund Barisan Nasional's election campaign in 2013. – The Malaysian Insider file pic, January 21, 2016.The High Court today struck out PKR's suit against Datuk Seri Najib Razak and three others over claims that the prime minister committed election offences following revelations that RM2.6 billion was deposited in his private accounts.

Judicial commissioner Datuk Mohd Zaki Abdul Wahab said PKR did not have the locus standi to bring the suit.

"The suit must be filed by a public officer or office bearer of the party," he said.

The judge said although they had filed a civil suit, the declaration sought was criminal in nature and the court did not have jurisdiction to provide the remedy.

The court allowed applications by Najib, Barisan Nasional secretary-general Tengku Adnan Tengku Mansor, 1Malaysia Development Bhd (1MDB) and the Election Commission to strike out the suit.

Zaki also ordered the plaintiffs to pay Najib and Tengku Adnan RM15,000 each in costs, and RM10,000 each to 1MDB and the EC.

The suit was filed by PKR on August 12 last year, for violating election laws following The Wall Street Journal’s (WSJ) report that US$700 million (RM2.6 billion) had ended up in Najib's personal accounts.

Najib had said the money was a donation from the Middle East to fund BN's election campaign in 2013. 

Zaki said the court had no jurisdiction to declare BN an illegal society for allegedly being involved in criminal activities as said by the plaintiffs.

"Under Section 41 of the Societies Act, it is the Registrar of Societies who has the power to do so," he said.

Zaki said the plaintiffs claimed 1MDB had conspired with Najib for paying money to the prime minister.

"However, the plaintiffs' cause of action was based on Sarawak Report, Wall Street Journal and The Edge reports which was merely hearsay," he said, adding that they should have provided the facts in their pleadings.

"The pleadings based on media and online reports are not sustainable," he added.

Zaki said the plaintiffs had prayed for a declaration that the EC nullify the 13th general election results and hold fresh polls.
  
PKR vice-president Nurul Izzah Anwar says Prime Minister Datuk Seri Najib Razak has a moral obligation to explain the RM2.6 billion political donation in his personal accounts. – The Malaysian Insider pic by Nazir Sufari, January 21, 2016.However, he said the court had no authority to issue such an order as only an election court could do so.

In August last year, PKR, the party's jailed leader Datuk Seri Anwar Ibrahim, vice-president Nurul Izzah Anwar, Batu MP Tian Chua, former secretary-general Datuk Saifuddin Nasution Ismail and Gerakan Harapan Baru (GHB) member Dr Dzulkefly Ahmad filed the suit.

This followed a report in the WSJ that RM2.6 billion was funnelled into Najib's private bank accounts.

The plaintiffs said the facts of the case exposed corruption and corrupt tactics used by BN to win the general election.

The plaintiffs added that the RM2.6 billion was more than 26 times the allowed amount outlined by Malaysian election laws.

The Election Offences Act limits electoral spending to RM100,000 and RM200,000 for a state and parliamentary candidate respectively.

Najib said the Malaysian Anti-Corruption Commission (MACC) had cleared him of corruption over the RM2.6 billion donation, which he said was held in trust on behalf of Umno, of which he is president, and not for his personal use.

MACC had announced that the money was from a Middle Eastern donor and not from 1MDB.

Allegations of RM2.6 billion in Najib's accounts first surfaced in a WSJ report on July 2, citing documents from Malaysian investigators.

WSJ said the source of the funds was unknown but had come through 1MDB-linked entities in various tranches, the largest of which – US$681 million – was channelled into Najib's accounts in March 2013, ahead of the general election in May that year.

A few of Najib's Cabinet members said there was nothing wrong with money being funnelled into his personal accounts as he had the capacity to be a trustee for Umno.

Meanwhile, Najib's lawyer Datuk Mohd Hafarizam Harun told reporters that today's decision would put to rest the RM2.6 billion issue.

On December 31, Zaki had also struck out a suit by former Umno member Anina Saaduddin, who wanted Najib to account for the RM2.6 billion donation to party members.

Zaki said Anina had no locus standi because she was no longer an Umno member following her sacking from the party.

Nurul Izzah, who is also Lembah Pantai MP, said they had 30 days to file an appeal.

"We will discuss with our lawyers on the next course of action," she said, adding that the battle to determine the truth of the RM2.6 billion would continue.

She said the plaintiffs were disappointed with the court outcome as access to justice had been denied.

"But this should not deter anyone, including civil society, from seeking truth and justice," she said.

Nurul Izzah added that Najib had a moral obligation to explain to Malaysians the money found in his private accounts. – January 21, 2016.