The Kuala Lumpur High Court today allowed an objection raised by Prime Minister Najib Abdul Razak's lawyer who wants an affidavit filed by a PKR lawyer be removed.

In her affidavit, PKR lawyer Michelle Kumar objected to Najib's stay application fearing that if the PM's bid is allowed, he would use the time to destroy documents related to 1MDB.

Lawyer Mohd Hafarizam Harun had objected to Kumar's affidavit citing that her concern in quoting articles from portals such as Malaysiakini and The Malaysian Insider and The Star could be hearsay evidence.

Kumar had cited articles on former Special branch deputy director Abdul Hamid Bador and various reports on investigations related to 1MDB.

However, Hafarizam said the affidavit is based on disputed facts and should not be accepted by the court.

Lawyer Tommy Thomas for PKR said the affidavit should be accepted as it is normal practice in High Courts for junior lawyers to affirm affidavits in an interlocutory application.

“There is no case in recent time that attracted more attention except this suit. Najib is also challenging the receiving in the suit,” the senior lawyer said in describing the suit filed.

In allowing the preliminary objection, Judicial Commissioner Mohd Zaki Abdul Wahab said the affidavit should be made by the plaintiffs, not by the lawyer.

"For this reason, the court is allowing it (the objection). The affidavit cannot be used," he said.

PKR, its de facto leader Anwar Ibrahim, vice-presidents Nurul Izzah Anwar and Tian Chua, former secretary general Saifuddin Nasution Ismail and former PAS member Dr Dzulkefly Ahmad named Najib, BN secretary-general Tengku Adnan Tengku Mansor, 1MDB and the Election Commission (EC) as defendants in a suit, claiming money-laundering, corruption and rigging of elections with the use of public funds.

This follows reports by The Wall Street Journal and Sarawak Report that RM2.6 billion had somehow found its way into Najib's personal bank accounts.

They wanted among others the results of the 13th general election be declared null and void.

PKR is also seeking a discovery of documents from Najib's private bank accounts in AmIslamic and in Affin Islamic, where Ihsan Perdana Sdn Bhd, a 1MDB subsidiary, holds an account, along with Goldman Sachs which helped issue promissory notes for 1MDB.

Najib wants stay

Hafarizam told the court that his clients wanted a stay as they would be prejudiced if the documents were to be released.

“The discovery application should be made at the close of pleadings and not now. That is normal stage of discovery.

“If this (discovery) is allowed it would be premature and cause injustice and considered an abuse of the court process,” he said.

Hafarizam said this was an exceptional case and it was not as if that Najib would abdicate in his position as the PM or run away from this country.

Thomas argued the stay application sought was very premature at this stage as even Najib and Tengku Adnan ( photo) had not filed their defence.

“1MDB and the EC have already given their statement of defence. Why have the first and second defendant not given theirs? We are not waiting for a child who is three or four years old to speak.

“We are also seeking Najib to lay his bank statements which is a normal procedure in civil court proceedings. Hence, this stay application by Najib is not necessary,” the senior lawyer said.

Zaki said he will deliver a decision on the stay application on Oct 27 and allowed an interim stay on all parties until that date.

Lawyers C Sri Kumar, appeared for Goldman Sachs while AmIslamic is represented by Grace Teoh, 1MDB by Caines Star.

Senior federal counsel Azizan Mohd Arshad and Natra Idris appeared for the EC.