The High Court in Kuala Lumpur today struck out the suit filed by the founding members of Yayasan Pembangunan Anak Yatim/Miskin (Foundation for the Advancement of Orphans and the Poor, or Pemangkin) against Yayasan Pembangunan Ekonomi Islam Malaysia (Yapeim) and six others.

Judicial Commissioner Faizah Jamaludin said the suit filed by Pemangkin and its founding members, Yusoff A Bakar and Ahmad Fazli Hashim, was frivolous, vexatious and an abuse of the court process.

Faizah also ruled that the suit filed by them earlier this year has no arguable case.

The court made no order as to costs.

Yapeim, along with six of its office bearers, applied to strike out the suit on June 1.

The six are former members of Pemangkin's board of trustees Shahlan Ismail, Mohd Yusof Abd Rahman and Mokhtar Abd Razak, Yapeim's chief director who is also Pemangkin's chief executive officer, Abibullah Samsudin, Yapeim's director of legal, quality and administration Sharina Ramli and former company secretary Normala Embi.

Despite the decision today, Pemangkin, Yusof and Ahmad Fazli's suit against Minister in the Prime Minister's Department Jamil Khir Baharom (photo) still stands as unlike the others, he did not apply to strike out.

Pemangkin, Yusof and Ahmad Fazil filed the suit earlier this year against Jamil Khir, Yapeim and six others for alleged mismanagement of an orphan's fund.

They claimed that Yapeim used Pemangkin's funds to sponsor certain irregular programmes by Jamil Khir to Europe, the United States and for Yapeim's programmes in Australia.

The plaintiffs claimed that Yapeim and the other defendants acted in concert to make Pemangkin dormant, and to wind it up secretly without informing and discussing it with the founding members.

The ulterior motive, they claimed, was to cover up all weaknesses, wrongdoings and mismanagement by certain defendants, as had been reported by the media on Pemangkin.

It was reported last year that the National Oversight Whistleblowers (NOW) had claimed that Jamil had gone golfing and shopping with Pemangkin's funds, which are meant for orphans and the poor.

As a result of NOW's claim, Jamil filed a suit against the NGO's director Akmal Nasir (photo), but it was struck out by the High Court.

Yapeim and the six defendants stated in their defence that they had helped set up Pemangkin and that Pemangkin is just a body to implement its programmes.

Without Yapeim's help, it said, it was not possible for Pemangkin to be formed or be given approval by the authorities to be formed.

Besides this, Yapeim said, since Pemangkin's formation, Yapeim is its source of finances.

Yapeim and the six defendants were represented by Megat Abdul Munir Megat Abdul Rafie.