Gov't applies to strike out Tony Pua's 1MDB-linked suit
The government has also filed an application to strike out the suit by Petaling Jaya Utara MP Tony Pua against it and Prime Minister Najib Abdul Razak for misfeasance in public office in relation to state fund 1MDB.
Pua's lawyer Joanne Chua said when contacted by Malaysiakini today that the government filed the application to strike out the suit last Thursday (March 2).
The government has also filed an application to strike out the suit by Petaling Jaya Utara MP Tony Pua against it and Prime Minister Najib Abdul Razak for misfeasance in public office in relation to state fund 1MDB.
Pua's lawyer Joanne Chua said when contacted by Malaysiakini today that the government filed the application to strike out the suit last Thursday (March 2).
Last month, Najib filed his application to strike out Pua's suit.
Following this, Kuala Lumpur High Court judge Justice John Louis O’Hara fixed May 22 to hear both striking-out applications.
In their applications, both Najib and the government claimed that Pua has no legal standing to initiate the suit and that the court has no jurisdiction to grant the relief sought.
Furthermore, they claimed that the facts pleaded by Pua do not reveal any reasonable cause of action and the suit was filed out of time.
Pua named Najib and the government as defendants in his suit filed on Jan 17.
The DAP national publicity secretary is seeking a declaration that Najib had committed misfeasance in public office and another declaration that the PM abused his public office to personally benefit from 1MDB funds.
As a taxpayer, Pua said in his statement of claim, he is also seeking general, aggravated and exemplary damages, to be assessed by the court.
The PJ Utara MP listed Najib as a public official, since he is the MP for Pekan, the prime minister and chairperson of the 1MDB board of advisers. He claimed that as the PM, finance minister and chairperson of the 1MDB board of advisers, Najib had a direct role in 1MDB to approve appointments and removals in the company.
Pua further claimed that Najib had recklessly used his influence and position to procure guarantees for 1MDB bonds and that he had maliciously approved associated companies to enter into various investment transactions and agreements.
Pua also alleged that Najib had led the unlawful misappropriation in 1MDB and had been providing misleading replies in Parliament regarding 1MDB.
As a taxpayer, he added, he feared the tax monies would be used to clear various guarantees and assurances made by the government in relation to 1MDB and he further claimed that Najib's conduct resulted in the devaluation of the ringgit, resulting in the loss of his wealth.
Besides this action filed by Pua, former prime minister Dr Mahathir Mohamad and former de facto law minister Zaid Ibrahm have also filed separate suits against Najib.
Mahathir's claim is on misfeasance and breach of fiduciaries by Najib for taking steps to obstruct, interfere, impede and derail investigations and inquiries into 1MDB while Zaid's suit is on breach of trust and restitution of misappropriated property of the Malaysian government.
Najib has also sought to strike out Mahathir's suit, with his lawyers claiming that the Umno president and BN chairperson is not a public officer but a member of administration.


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