Lawyer: Application filed due to lack of time

  • Nation
  • Saturday, 20 Jun 2020

The former prime minister Tun Dr Mahathir Mohamad.

KUALA LUMPUR: An ad interim injunction order applied by former prime minister Tun Dr Mahathir Mohamad and five other embattled Parti Pribumi Bersatu Malaysia (Bersatu) leaders at the High Court on Thursday was due to the lack of time to submit affidavits regarding the actual interim injunction.The interim injunction is in relation to a main suit that challenges their nullification from Bersatu.

Dr Mahathir’s lawyer Mohamed Haniff Khatri Abdulla said the interim injunction application could not be heard and had to be adjourned because the defendants needed time to put in their affidavits, thus the plaintiffs had asked for an ad interim order instead to be effective from June 18 to July 9.

“This is to ensure the defendants do not take any further wrongful act until the court has had the chance to hear and decide the interim injunction application on July 9.

“Only that (ad interim injunction application) was dismissed, ” he clarified this to The Star yesterday.

The lawyer said this did not mean that the court had decided on the positions of Dr Mahathir and the five – Dr Mahathir’s son Datuk Seri Mukhriz, Syed Saddiq Syed Abdul Rahman, Dr Maszlee Malik, Datuk Amiruddin Hamzah and Datuk Marzuki Yahya – in the party.

“That is to be decided in the main action, ” he said.

In the ex parte interim injunction filed on June 11, Dr Mahathir and the five sought, among others, an order for the defendants to be barred from calling any Bersatu meetings or making any decisions relating to the party from the date the action was filed until its disposal.

They also sought an order for the defendants to be barred from making any registration, rectification or change on all Bersatu documents from the date the action was filed until its disposal.

“The orders we sought for in the actual interim injunction application are not the same as the orders sought in the main action (on the nullification) on Dr Mahathir’s membership and chairmanship, on the membership of the other four MPs and the position of the secretary-general (Marzuki), ” Haniff added.

On Thursday, the High Court dismissed the ad interim injunction application during proceedings held in chambers.

Lawyer Rosli Dahlan, who represents the defendants, told the press that Justice Rohani Ismail had dismissed the ad interim injunction application after ruling that it was not justified.

“The court after looking at all the authorities in a summary fashion decided that the balance of convenience and the balance of principles of law do not justify that (ad interim injunction), ” he said.

On June 9, six Bersatu leaders, led by Dr Mahathir, filed a suit to challenge the nullification of their membership.

They named Prime Minister Tan Sri Muhyiddin Yassin, who is also Bersatu president, Datuk Seri Hamzah Zainudin, party organising secretary Kapt (Rtd) Muhammad Suhaimi Yahya and Masyati Abang Ibrahim (in her capacity as the director-general of the Registrar of Societies) as defendants.

The plaintiffs are also seeking to nullify the membership of Muhyiddin, Hamzah and Suhaimi on grounds that they have joined the rival Perikatan Nasional coalition.

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