KUALA LUMPUR — January 21, 2016: A high court here today dismissed a lawsuit by PKR alleging overspending in the 13th general election by Prime Minister Datuk Seri Najib Razak and three others.
Judicial Commissioner Datuk Mohd. Zaki Abdul Wahab granted the defendants’ application to strike out the suit after finding that the plaintiffs’ writ of summons and statement of claim had no legal standing.
Those named with Najib in the suit were Barisan Nasional secretary-general Datuk Seri Tengku Adnan Tengku Mansor, 1Malaysia Development
Berhad and the Election Commission.
PKR de facto leader Datuk Seri Anwar Ibrahim, who is serving a five-year jail term for sodomy, Lembah Pantai Member of Parliament Nurul Izzah Anwar, Batu MP Chua Tian Chang, PKR’s former secretary-general Datuk Saifuddin Nasution Ismail and Gerakan Harapan Baru member Dr. Dzulkefly Ahmad were the plaintiffs.
The judge ordered them to pay RM15,000 costs each to Najib and Tengku Adnan and RM10,000 each to 1MDB and the EC.
PKR filed the suit on August 12 last year alleging that Najib and the others had overspent and broken election laws during GE13.
Zaki said the plaintiffs did not have the locus standi to file the action as they were neither public officers nor office bearers in PKR.
According to Section 9(c) of the Societies Act, the judge pointed out that any proceeding against an organisation or its office bearers could only be brought by a public officer or office bearer in the organisation.
“The first plaintiff (Anwar) is not a public officer or office bearer in the organisation while the others must show what interest they have in bringing the action but they only said it was their right as voters,” he said.
On the plaintiffs’ demand for a declaration of misconduct by the first defendant in the 1MDB issue, the judge said the civil court does not have the jurisdiction to make the declaration.
“Only the attorney-general can initiate or take action on a criminal case. Based on past cases, it is clear that a civil case cannot act in a criminal case.
“This court is bound by that decision,” said Zaki.
He further held that the plaintiffs had no locus standi to ask of the court to declare Umno as an illegal party as only the registrar of societies
can make the declaration under the Societies Act.
On the plaintiff’s contention about the RM2.6 billion fund, Zaki said they had not presented facts but only hearsay in their affidavit.
He said the civil court could also not accede to the plaintiffs’ demand for a declaration to declare the outcome of the GE13 as null and void as it did not
have the jurisdiction to do so.
“Only the election court has the jurisdiction and could decide on the plaintiffs’ claim,” he said. — Bernama