The High Court in Kuala Lumpur today struck out the suit by PKR and five other parties against Prime Minister Najib Abdul Razak, BN secretary-general Tengku Adnan Tengku Mansor, 1MDB and the Election Commission over the RM2.6 billion "donation".

Judicial commissioner Mohd Zaki Abdul Wahab ruled that the suit are not sustainable against the four.

He individually allowed the applications from Najib, Tengku Adnan representing BN, 1MDB and the EC to strike out the suit.

Mohd Zaki said the court, being a civil court, cannot initiate criminal proceedings against Najib or BN.

The court ruled that PKR do not have locus standi to file the action against Najib as the office bearers of the opposition party were not named, as required under the Societies Act.

“This court also do not have the jurisdiction to declare a coalition like BN as null and void as such powers lies with the Registrar of Societies. Hence, this action is not sustainable,” he said.

He also ruled that the court cannot make any declaration against the EC as only the Election Court can make such declarations, or declare the results of the 13th general election as null and void.

The judicial commissioner also ruled the suit against 1MDB as not sustainable as it is based on hearsay reports that are not proven.

“The affidavit which is submitted is based on hearsay evidence and hence the pleadings is too brief on the allegations. There is no pleading on the 1MDB actions and this constitute an abuse of the court process. Hence, the third defendant's (1MDB) striking out application is also allowed.

The writ of summons was filed by former opposition leader Anwar Ibrahim, PKR vice-presidents Nurul Izzah Anwar and Tian Chua, former secretary-general Saifuddin Nasution Ismail and former PAS member Dr Dzulkefly Ahmad.

Najib, Tengku Adnan, 1MDB and the EC were named as defendants in the suit, with the plaintiffs stating that public funds had been used in money-laundering, corruption and rigging of elections.

The plaintiffs wanted the 13th general election results to be declared null and void because of this.

PKR may ask for donation

Mohd Zaki also ordered the plaintiffs to pay a total of RM50,000 in costs to the four defendants.

This is RM15,000 each to Najib and BN secretary general Tengku Adnan, and RM10,000 each to 1MDB and the EC.

PKR leaders Nurul Izzah Anwar and Tian Chua, two of the plaintiffs in the case, said they would study the decision before deciding on whether to file an appeal, adding they may decide to have a donation drive to pay for the RM50,000 in cost.

Nurul Izzah further lamented that this marks the blockade of one of the few avenues left for the people to ask about the RM2.6 billion donation placed into Najib's personal accounts.

"We have tried to go to the court for recourse and we are still awaiting for the attorney-general to decide, and meanwhile Najib had not answered in Parliament.

"Hence, I would like to urge the public to press for change and reforms with the coming of the new Election Commission chief, to ensure clean and fair elections," the MP for Lembah Pantai pleaded.

She also thanked lawyers Tommy Thomas and Michelle Kumar for representing the plaintiffs in the case pro-bono.

Tian Chua further said they would hold a meeting sometime next week or tonight to decide on whether to seek donation to pay for the costs.

He added that this is a public interest case that had attracted worldwide attention for the past year, but remain unresolved with no action taken.

This is the latest case brought to court regarding 1MDB, and the donation into Najib's personal accounts, as previously former Umno member Anina Saadudin also sued the PM and party executive secretary Abdul Rauf Yusof calling for the donation to be returned to Umno.

But like the PKR case today, this was also strucked out by Mohd Zaki.

Najib and Tengku Adnan was represented by Mohd Hafarizam Harun, while 1MDB was represented by Tan Hock Chuan.

Senior federal counsel Amarjeet Singh and Azizan Md Arshad appeared for the EC.