Tony Pua, Najib Razak and 1MDB: Tonly Pua will not settle the case but wants a trial…


No settlement with Najib over 1MDB suit, says Pua

FMT Reporters -January 27, 2021 8:45 AM

PETALING JAYA: Damansara MP Tony Pua vows to take on Najib Razak in a misfeasance suit filed four years ago as the former prime minister had caused losses to the government and the people.

The DAP national publicity secretary said the suit against Najib was not a personal suit and, therefore, he intended to pursue it.

“It is not for ‘me’ to settle amicably with Najib. It is a public interest suit to claim that Najib is personally liable for the losses the government incurred as a result of his misfeasance – whether through corruption, misappropriation or negligence,” he told FMT in a text message.

Further, he said Najib was still protesting his innocence and refusing to bear any responsibility for the sufferings caused to Malaysians.

“Therefore, there’s no basis at all for a settlement. We will inform the court as such,” he said.

He said this in response to High Court Judge Rozana Ali Yusof’s proposal to lawyers for Pua and Najib yesterday during a case management that the suit be settled amicably.

Pua’s lawyer Tan Cheng Leong said Rozana had asked parties to find a solution to the case.

The trial will continue on Feb 8, with Najib ‘s lead counsel Muhammad Shafee Abdullah in the midst of cross-examining 10th prosecution witness, former 1MDB chief executive Mohd Hazem Abd Rahman.


Settle it amicably, court tells Tony Pua, Najib over 1MDB suit

Bernama -January 26, 2021 4:53 PM

KUALA LUMPUR: The High Court here today proposed that a suit filed by Damansara MP Tony Pua against former prime minister Najib Razak four years ago, for alleged misfeasance in public office in relation to 1MDB funds be settled amicably.

Lawyer Tan Cheng Leong, who represented Pua, said Judge Rozana Ali Yusof had asked the parties involved to find a solution to the case.

“The court asked the parties to consider whether to resolve the case amicably or refer the case to the High Court Mediation Centre,” he said, adding that the lawyers need to obtain instructions from their clients first regarding the court’s proposal.

Tan said this when contacted by reporters after case management before Rozana via email today, on the latest status of criminal cases faced by Najib involving 1MDB which is currently on trial stage at the Criminal High Court here.

Lawyer Nor Hazira Abu Haiyan, who represented Najib, confirmed the matter and said that Feb 25 has been set for further case management.

On Jan 6 last year, the court allowed Najib’s application for a stay of the civil suit proceedings pending the disposal of the criminal case related to 1MDB.

In the 1MDB trial which will continue on Feb 8, the team of lawyers will continue to cross-examine the 10th prosecution witness, former 1MDB chief executive Mohd Hazem Abd Rahman, 47.

Pua sued Najib and the government on Jan 16, 2017 for alleged misfeasance in public office over the 1MDB case and sought general, aggravated and exemplary damages, interest, costs and other relief as deemed fit by the court.

He claimed that Najib was a public servant because he was the Pekan MP, the prime minister then and chairman of the 1MDB board of advisers, and in that capacity, he had both direct and indirect roles in the decisions and direction of 1MDB.

The High Court had dismissed Pua’s suit on the grounds that Najib was not an officer in public office and hence, could not be indicted for alleged misfeasance in public office. Pua also lost his appeal at the Court of Appeal in July 2018 when it upheld the High Court’s decision.

However, he obtained permission to appeal to the Federal Court.

On Nov 19, 2019, the Federal Court ruled that Najib during his term as prime minister was a public servant and could be sued for alleged misfeasance in public office.

The court also decided that Pua can proceed with his claim against Najib and the government of Malaysia by way of trial in a civil court.


Court rules Pua can sue Najib for abuse of power in office

V Anbalagan  – November 19, 2019 12:53 PM  

PUTRAJAYA: The Federal Court in a landmark ruling today decreed that former prime minister Najib Razak was a public officer and could be sued for allegedly abusing his power while in office.

Judge Nallini Pathmanathan said the suit brought against Najib by Damansara MP Tony Pua over 1MDB appeared to contain the necessary elements to constitute a valid claim.

“Whether or not he will succeed at trial is a question of evidence, particularly in relation to the alleged damage he suffered,” she said.

The apex court also sent back Pua’s suit for hearing before a High Court.

Nallini said the provision of the Government Proceedings Act (GPA) 1956 envisaged that a claim could be brought against a public officer as provided for in Section 5.

“This would include a claim against a prime minister, who is a public officer as envisaged under the act,” she added.

She also said the Federal Constitution and Interpretation Act which exclude members of the administration do not apply to the tort of misfeasance in public office.

However, the government can only be found vicariously liable if Pua proves his case against Najib in trial.

The other judges who heard the appeal in April were Chief Justice Tengku Maimun Tuan Mat, Court of Appeal president Ahmad Maarop, Chief Judge of Malaya Azahar Mohamed, and Federal Court judges Rohana Yusof, Mohd Zawawi Salleh and Alizatul Khair Osman Khairuddin.

Pua, who is the political secretary of Finance Minister Lim Guan Eng, filed the suit in early 2017, including Putrajaya as party to his action.


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