Wednesday 24 Apr 2024
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(Sept 4): Datuk Seri Najib Razak and five others including AmIslamic Bank will be asked to disclose information relevant to PKR's suit against him for committing election offences in relation to the RM2.6 billion found in the prime minister's personal bank accounts.

Lawyer Michelle Sunita Kumar who is acting for six plaintiffs, said the application for discovery of documents will be served to the defendants as a follow-up to PKR's civil suit that seeks to nullify the election results in seats won by Umno-Barisan Nasional during the 13th general election on May 5, 2013.

The discovery application is also being served on AmIslamic Bank Bhd, Affin Islamic Bank Bhd and Goldman Sachs (Malaysia) Sdn Bhd, which are not parties in the suit.

Parties have 14 days to respond to the discovery application – a procedure to enable one party to obtain compulsory disclosure of documents and other information relevant in civil proceedings from another party, or from a non-party.

Among the documents sought from Najib are receipt of RM2.6 billion from Tanore Finance Corp into his personal accounts, receipt of RM42 million from SRC International Sdn Bhd into his personal accounts and his monthly bank statements from April 2009 for his three accounts held in AmPrivate Bank.

Yesterday, the Kuala Lumpur High Court ordered Najib to file his defence to the main suit by October 1.

PKR vice president Nurul Izzah Anwar said they filed the applications for discovery following allegations by The Wall Street Journal (WSJ) and UK-based website Sarawak Report on money laundering, embezzlement and electoral bribery.

Among the documents sought from 1Malaysia Development Berhad (1MDB) are documents on SRC International's RM4 billion loan from Retirement Fund Incorporated (KWAP), documents on payments to Aabar Investments and International Petroleum Investment Co (IPIC), and 1MDB's promise to pay Aabar and IPIC other amounts, whether in cash or by transfer of assets in respect of the state-owned firm's debt settlement agreements.

The plaintiffs are also seeking documents in relation to the purchase of power assets from Genting for RM2.3 billion. WSJ had reported that part of the funds from this purchase eventually went to a charity organisation under Najib for projects he promised voters during an election campaign.

Nurul added that discovery procedures are found in the legal systems of common law jurisdictions around the world.

"Applications for discovery in our jurisdiction are common and remain an essential aspect of pre-trial preparation.

"As with any civil suit, applications are made in the normal course of procedure and form part of case management directions which are typically not contested by either party to a suit," she said in a press conference at the party headquarters in Petaling Jaya today.

She urged all parties, including Umno to agree and support the application for discovery of documents if they had nothing to hide.

"1MDB is a golden goose, so we need to see the golden goose lay its egg, and we hope through the discovery process, we can do so as soon as possible," the Lembah Pantai MP added.

On August 12, PKR filed the suit against Najib for violating election laws following the WSJ report of US$700 million (RM2.6 billion) found in the prime minister's personal accounts.

On August 3, the Malaysian Anti-Corruption Commission (MACC) in an unsigned statement said the cash was merely a donation.

The plaintiffs in the suit are Anwar, who is serving a jail sentence for a sodomy conviction, Nurul Izzah,, Batu MP Tian Chua, former PKR secretary-general Datuk Saifuddin Nasution Ismail and New Hope Movement (GHB) member Dr Dzulkefly Ahmad. – The Malaysian Insider

 

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