The High Court in Kuala Lumpur has today granted Prime Minister Najib Abdul Razak and BN secretary-general Tengku Adnan Tengku Mansor a stay of proceeding of a suit filed by PKR and six others related to the RM2.6 billion donation and 1MDB.

Judicial commissioner Mohd Zaki Abdul Wahab granted the stay as there are special circumstances to grant it pending their application to strike out the suit.

"The trial may take longer than expected but they (PKR and others) would not be prejudiced."

"I am allowing the stay because if this is not allowed, the two defendants (Najib and Tengku Adnan) will be prejudiced if the documents (banking accounts) are made available.

"The court also orders a stay on all proceedings with regards to the other applications," he said.

Zaki then fixed Nov 11 for case management to fix a hearing date for Najib and Tengku Adnan's bid to strike out the suit.

1MDB and the Election Commission, which are named as defendants in the suit, have also applied to strike out the suit.

Initially, Zaki fixed Nov 4 for case management but PKR's lawyer Michelle Sunita Kumar said senior lawyer Tommy Thomas, who is now overseas and will only be back on Nov 3, would need more time.

Zaki said the case was taking too much time, adding that he would not allow any extension.

No locus standi

PKR and six others, including its de facto leader Anwar Ibrahim, want Najib and Tengku Adnan to file their accounts and defence.

They have also applied to 1MDB, Goldman Sachs (the company which raised 1MDB capital), Affin Islamic (the bank managing 1MDB subsidiary company Ihsan Perdana Sdn Bhd) and AmIslamic (the bank holding Najib's personal accounts) to furnish the required documents related to the case.

The effect of today's decision is that Najib need not furnish his banking accounts in AmIslamic or file an affidavit to PKR, pending the disposal of the application to strike out the suit.

Anwar, vice-presidents Nurul Izzah Anwar and Tian Chua, former secretary- general Saifuddin Nasution Ismail and former PAS member Dr Dzulkefly Ahmad, named Najib, Tengku Adnan, 1MDB and the EC as defendants in the suit, claiming that public funds had been used in money-laundering, corruption and rigging of elections.

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 and possibly used for the 13th general election.

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

Hafarizam told reporters outside court that Najib and Tengku Adnan had filed the application to strike out the suit because PKR had no locus standi (legal standing).

“I have asked in court for an early date for case management and also for the hearing to strike out the application as the PM wanted to answer the issue of the RM2.6 billion.

“I don’t want the answer in Parliament or in court to have a bearing on the hearing here or vice versa. Whatever is raised in court regarding the RM2.6 billion should not be raised in Parliament,” he said.