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Thursday, 18 May 2017

June 15 date to hear bids to strike out Pua’s suit

KUALA LUMPUR: The High Court has fixed June 15 to hear applications by the Government and the Prime Minister to strike out a lawsuit by Petaling Jaya Utara MP Tony Pua against them in relation to 1Malaysia Development Bhd (1MDB) funds.

Judicial Commissioner Faizah Jamaludin was assigned to hear the matter.

Speaking to reporters after the proceedings in chambers yesterday, senior federal counsel Zureen Elina Mohd Dom said the Government wanted to apply to strike out the suit on grounds that it had no reasonable cause of action, was frivolous and vexatious, and an abuse of the court process.

Najib’s lawyer Nik Alia Hanafi said the Prime Minister was also applying to strike out the suit, citing that he was not a public officer in public office and that he was also not in public service.

“We are saying the claim for misfeasance in public office cannot be sustained on this basis,” said Nik Alia.

Pua’s lawyer Joanne Chua confirmed the details.

In his statement of claim dated Jan 16, Pua named the Government and Najib, who is also the chairman of the board of advisers for 1MDB, as defendants.

In his court papers, Pua, 44, sought a declaration that Najib had committed misfeasance in public office and had abused his public office in personally benefiting from his receipt of 1MDB funds.

Among others, Pua said as a taxpayer, his tax monies had been directly and indirectly utilised for the incorporation of 1MDB.

He said Najib, 63, was at all material times a public official, and had knowingly used his influence and position to procure guarantees, undertakings and assurances from the Government for 1MDB bonds.

Pua is applying for general aggravated and exemplary damages, costs as well as other relief deemed necessary by the court.

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