Thursday 28 Mar 2024
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KUALA LUMPUR (Dec 14): The Kuala Lumpur High Court today was told that it lacks the jurisdiction to hear PKR’s legal suit on the RM2.6 billion found in Prime Minister Datuk Seri Najib Razak's personal accounts.

Lawyer Datuk Mohd Hafarizam Harun, who was representing Najib and Umno secretary-general Datuk Seri Tengku Adnan Tengku Mansor said PKR lacked the locus standi to initiate the suit as the plaintiffs failed to show that they have genuine interest in the matter or that their rights were affected.

Hafarizam said the declaration sought by PKR contained criminal elements which was out of the jurisdiction of the civil courts.

He said the allegation in the suit were made under provisions of the Anti-Money Laundering and Financial of Terrorism Act, the Malaysian Anti-Corruption Act, The Financial Services Act and the Foreign Exchange Act.

In August, PKR had filed its lawsuit against Najib and three others, claiming that electoral laws were breached over the use of the RM2.6 billion “donation” found in Najib’s accounts.

In his submission, Hafarizam said the plaintiffs were basing their claim as candidates in the 13th general election and were being deprived of fair election and the chance of winning the polls.

He also said the exhibits presented in the plaintiffs' affidavit were reports from newspapers and/or online news portals and had no personal knowledge of the contents.

Hafarizam submitted that the plaintiffs could not rely on such documents to establish their case and that the reports from newspapers or online portals could not be taken at face value.

In conclusion, he said hearsay evidence was inadmissible.

Meanwhile, lawyer Tommy Thomas told the court that there were three reasons Malaysians needed to know regarding the RM2.6 billion donation deposited into Najib's personal accounts.

The first was the source of payment and identity of the people who had paid the US$680 million.

"Secondly, what happened to the money and finally, why was it given."

Thomas was representing PKR's Datuk Seri Anwar Ibrahim, Dr Dzulkefly Ahmad, Saifuddin Nasution Ismail, Nurul Izzah Anwar and Chua Tian Chang.

He further said the plaintiffs clearly had the locus to initiate the suit and had a sustainable cause of action against the defendants.

In his submission, Thomas said Najib as prime minister and finance minister was accountable to the nation and had a duty, legal or otherwise, to publicly respond to the allegations.

"We submit that Najib's silence in such circumstance amounts to admission to the commission of fraud."

The court set Jan 21 for the decision.

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