KUALA LUMPUR: Former AmBank relationship manager Joanna Yu is seeking to strike out the lawsuit against her filed by former prime minister Datuk Seri Najib Razak.
Yu, together with AMMB Holdings Bhd and AmBank Islamic Bhd, were sued by the Pekan MP over alleged mismanagement of his bank accounts that were central in the SRC International Sdn Bhd trial.
Lawyer Muhammad Farhan Muhammad Shafee said that Najib’s legal representatives were just served with the application to strike out the writ of summons and statement of claim on Tuesday (Jan 28).
He said Yu had filed the application on grounds that it was an abuse of the court process and the lawsuit was meant to bolster Najib’s defence in the SRC International case.
“Yu had also filed a certificate of urgency for case management to be held today (Wednesday, Jan 29). We will be responding to the striking out application as she needs to explain her action thoroughly, ” he told the press.
Further case management is fixed on Feb 4 before High Court judge Justice Khadijah Idris.
Yu was represented by lawyer Jessica Ram Binwani.
On Dec 9 last year, Najib filed the suit and named AMMB Holdings Bhd, Ambank Islamic Bhd and Yu as defendants.
Yu was a prosecution witness in the SRC International trial where Najib is accused of misappropriating RM42mil in SRC funds.
In his statement of claim, Najib said AmBank and Yu had committed negligence when handling his bank accounts (ending 694,880,898 and 906) by disclosing it to fugitive financier Low Taek Jho, better known Jho Low.
He said the defendants had disclosed his bank statements, debit and credit remittance transactions, and balances of funds of account 694 to a third party (Low), without his (Najib’s) authorisation.
Najib claimed the defendants did not engage with him to report on Low’s action regarding the said bank accounts and that the bank had facilitated an unauthorised third party to make money transfers between accounts 880,898 and 906.
He also claimed he was kept in the dark on the details of his own bank accounts statements and other related documents by the bank under Low’s instruction.
He alleged that Low with the help of other unauthorised third parties had made 20 transactions to regularise the accounts totalling RM12mil through several local and foreign remittances of funds and that the accounts had been “red flagged” by Bank Negara.
According to Najib, the defendants had failed to report and get direct instructions from him despite the accounts being red flagged.
Najib also claimed that he only discovered the act committed by the defendants during the SRC International trial after the prosecution had revealed the conversations between Yu and third parties.
He is seeking for special, general, aggravated and exemplary damages from the defendants.
Najib, 67, is facing seven charges of criminal breach of trust, abuse of power and money laundering involving RM42mil of SRC International funds.