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KUALA LUMPUR, Jan 21, 2016:

The High Court here has struck out a civil suit initiated by opposition party PKR against Prime Minister Datuk Seri Najib Razak, national sovereign fund 1Malaysia Development Bhd (1MDB) and two others in connection with the controversial RM2.6 billion donation. In allowing Najib and three others’ applications to strike out the suit, Judicial Commissioner Datuk Mohd Zaki Abdul Wahab allowed a cost of RM30,000 collectively to Najib and BN secretary-general Datuk Seri Tengku Adnan Tengku Mansor, and RM10,000 each to 1MDB and the Election Commission (EC). In his oral judgment, Mohd Zaki said the first plaintiff, Parti Keadilan Rakyat (PKR) as a party has no locus standi to initiate the suit as it has to be filed via the party’s public officer. Among other grounds given were the court has no jurisdiction to declare that the 13th general election results were null and void. “There is no reasonable clause pleaded by the plaintiff against the third defendant (1MDB) because the plaintiffs’ affidavit only contain hearsay content, therefore, it cannot be relied on. “The court is also not given powers by the Registrar of Societies (RoS) to declare that the party (BN) is illegal,” he said, in explaining the grounds for allowing Ku Nan’s striking out application. When met outside the courtroom, Najib’s lawyer, Datuk Hafarizam Wan Harun expressed that with the court’s ruling today, he said issues involving RM2.6 billion can be put to rest. Meanwhile, PKR vice-presidents Nurul Izzah Anwar and Tian Chua who were present said they will discuss the matter with other PKR counterparts and file an appeal within 30 days from today. In August last year, PKR’s de-facto leader Datuk Seri Anwar Ibrahim, Parti Amanah Negara’s Dr Dzulkefly Ahmad, PKR former secretary-general Datuk Saifuddin Nasution Ismail as well as Izzah and Tian Chua filed the civil suit against Najib and three others alleging the Prime Minister of committing election offences following an expose by the Wall Street Journal (WSJ) over the controversial RM2.6 billion donation that was deposited into Najib’s bank account. The plaintiffs sought for, among others, a declaration that 1MDB corruptly and illegally paid monies to Najib and also a declaration that the 13th general election results were null and void and sought a consequential order to set aside the election results of the 222 parliamentary seats.

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