Federal Court strikes out former Langkawi Wanita Umno member's case

PUTRAJAYA: The Federal Court has struck out former Langkawi Wanita Umno member Anina Saadudin's leave to appeal in her suit against Prime Minister Datuk Seri Najib Tun Razak in relation to the 1Malaysia Development Bhd (1MDB) issue.

Chairing the Apex Court's three man panel, Chief Justice Tun Md Raus Sharif made the order after lawyer Irzan Iswad informed the court that the lawyer representing Anina has discharged himself.

Irzan - who mentioned on behalf of Mohamed Haniff Khatri Abdulla - said that cause papers had been given to Anina on March 5.

"Anina is not present today but she did not object to our decision to withdraw ourselves from representing her," he said.

The panel later granted the lawyer's application to withdraw himself and struck out Anina's leave to appeal. Other judges on the panel were Justices Balia Yusof Wahi and Aziah Ali

Anina has applied for leave to appeal in her suit filed together with former Prime Minister Tun Dr Mahathir Mohamad and former Batu Kawan Umno vice-chief Datuk Seri Khairuddin Abu Hassan over the issue.

On Feb 27, the Federal Court had dismissed Dr Mahathir and Khairuddin's leave to appeal after their suit against Najib was struck out by the High Court and the subsequent decision upheld by the Court of Appeal.

In his decision, Justice Md Raus said the court agreed with the interpretation made by the High Court and Court of Appeal that Najib was not a public officer.

He said the matter involved the interpretation of the Federal Constitution and statutes on the meaning of "public officer".

Dr Mahathir, Khairuddin and Anina sued Najib on March 23, 2016, over misfeasance in public office and acting in breach of his fiduciary duty over the management of sovereign investment fund 1MDB.

The High Court had on Apr 28 last year, allowed Najib's application to strike out the suit after it ruled that the Prime Minister was not a public officer but a member of the administration.

On Aug 30, the Court of Appeal dismissed the appeal brought by Dr Mahathir, Khairuddin and Anina who later filed an application for leave to appeal to the Federal Court.