On Aug 28, 2015, PKR led by our de facto leader, Anwar Ibrahim, and four others filed four separate applications for the discovery of documents as a follow-up to our civil suit to nullify Umno-BN held seats during the 13th general election (GE13).
This move follows the Wall Street Journal and Sarawak Report expose alleging money laundering, embezzlement and electoral bribery on the part of the current Prime Minister of Malaysia, Najib Abdul Razak.
The civil suit, which was filed on Aug 12, 2015, named Dato’ Sri Haji Mohammad Najib bin Tun Haji Abdul Razak (‘Najib’), Datuk Seri Tengku Adnan bin Tengku Mansor as an office bearer and representative of Barisan Nasional (‘BN’), 1Malaysia Development Berhad (‘1MDB’) and the Election Commission (‘EC’) as the defendants.
Pursuant to this civil suit we have submitted an affidavit on Dec 9, 2015 encompassing key questions that would clear the air should the defendants choose to answer responsibly. Among the questions raised were:
1. Whether Najib had caused 1MDB to issue bonds on such favourable terms to IPIC and Aabar so as to induce them to cause the sum of US$681 million (RM2.6 billion) to be paid into Najib’s personal account just prior to GE13.
2. Whether the total sum of RM2.6 billion was received and spent by Najib and BN in GE13 in breach of Section 19 of the Election Offences Act, 1954 which only allowed Najib and BN to spend no more than RM94.7 million;
3. Whether BN giveaways in money, material gifts, development projects and development promises during the election campaign in Sarawak amounted to approximately RM256,195,699.00 and about RM8,260,000.00 per constituency.
These questions and many more are critical to be answered by the defendants. They owe it to Malaysians who continue to press for answers which remain unanswered even during the Umno general assembly, or during the last parliamentary sitting which saw Najib’s deputy meekly providing one-liner excuses for the RM2.6 billion found in the former’s personal account.
Lest we forget, the former deputy prime minister, Muhyiddin Yassin, was removed from the cabinet when he started questioning 1MDB.
Lest we forget, two Malaysian Anti-Corruption Commission (MACC) officers who were tasked with the 1MDB and SRC International investigations were transferred to the Prime Minister’s Department with immediate effect.
Lest we forget, the former attorney-general Abdul Gani Patail was also removed from office, followed by an ensuing controversy on an alleged charge sheet against the prime minister.
Utilising the discovery procedure
With all avenues seemingly closed to unearthing the truth, PKR remains committed to utilise the discovery procedure as set out in the Rules of Court, 2012. It will be an attempt for Malaysians to uncover the largest scandal in Malaysia’s recent history - involving none other than the premier himself.
Discovery procedure has been proven to solve many civil disputes around the world including England, Australia, India, Hong Kong and Singapore. A precedent would be the judgment given at Singapore in the case of Xing Rong Pte Ltd V Vision Health One Corporation Pte where;
“the discovery of bank statements, cheques and receipts was allowed. It was because it was relevant and necessary for the disposal of the main suit. It is useful in the sense by allowing the court to trace their whereabouts since the transfer of the sum into the defendant’s account”
If Najib claims to have nothing to hide - then he and his party, including the investment fund which he advises should immediately disclose their related accounts to allow closure on the nagging doubts that has eaten away the prime minister’s credibility.
Disclose the truth now.
NURUL IZZAH ANWAR is the MP for Lembah Pantai and a PKR vice-president and elections director, and TIAN CHUA is the MP for Batu and a PKR vice-president.
