Pakatan Harapan Youth today objected to a stay application by Prime Minister Najib Abdul Razak and 1MDB on the filing of their defence to the former's suit regarding 1MDB's settlement payment with International Petroleum Investment Company (IPIC).

The youths - who call themselves Gerakan Anak Muda Tolak Najib (GANT1) - through their lawyer Mohd Haniff Khatri Abdulla questioned whether Najib, 1MDB and the government were scared to file their defence.

"Najib and 1MDB claimed they would be prejudiced in filing their defence as it would be made a public document.

"However, we say what do Najib and 1MDB got to hide if the documents become public?

“In fact, the plaintiffs will be prejudiced if a stay is granted as they will be deprived of an expeditious disposal of the suit," Haniff told Malaysiakini when contacted today.

Submissions on the matter were made at the High Court in Kuala Lumpur this morning by Haniff, along with Najib's lawyer Mohd Hafarizam Harun and Cairns Tan for 1MDB. Senior federal counsel Zureen Elina Mohd Don appeared for the government in Justice Hue Siew Kheng's chambers.

It was reported on Jan 9 that Hue had dismissed Najib and 1MDB's application to strike out the suit filed GANT1 and ordered their defence be filed before the end of this month.

Hue also dismissed their oral application for a stay on filing their defence pending an appeal to her ruling to the Court of Appeal.

The judge ruled GANT1 has locus standi to initiate the suit as concerned citizens, based on Second Finance Minister Johari Abdul Ghani's statement on Aug 1, 2016, that Malaysia would contest IPIC's claim in the International Court of Arbitration.

But less than a year after Johari's statement, 1MDB had agreed, after a mediation, to pay IPIC in two tranches.

“Hence, the court felt that the defendants failed to give sufficient material before this court on why it happened and that there was an arguable case which required further explanation in a trial," Haniff (photo) told reporters when the ruling was made in the striking out application.

Following submissions today, Hue fixed Jan 29 to deliver her decision on whether to grant the stay on the filing of Najib's and 1MDB's defence.

GANT1 filed the suit last July to stop the payments to IPIC.

Prior to this, all 1MDB-related suits filed by politicians, including former premier Dr Mahathir Mohamad, Anina Saadudin and Khairuddin Abu Hassan, and separately by Zaid Ibrahim and Tony Pua, had been dismissed by three High Courts last year.

IPIC first sued 1MDB at the arbitration tribunal in London in 2016, demanding US$6.5 billion while claiming that 1MDB had failed to deliver on its responsibilities.

1MDB has to date paid up US$1.2 billion.

The GANT1's suit sought a declaration that the arbitration agreement agreed between IPIC and Aabar Investment PJS on May 11 last year be declared null and void.

They also want the details of the payment to IPIC and Aabar Investments PJS to be revealed to them.

The movement also wants a declaration that if Najib, 1MDB, and government are found to be liable for excess payment to IPIC, then this amount is to be returned to a special fund.

The group also sought that they be at liberty to file committal proceedings against Najib, 1MDB and the government if they are found to be liable.

Meanwhile at a separate High Court, Justice Nik Hasmat Nik Mohamed fixed Feb 5 to hear the striking out applications by Najib, 1MDB, and the government to a lawsuit filed by former senator Ezam Mohd Noor. 

This was confirmed by Ezam's lawyer Farez Jinnah to Malaysiakini when contacted. 

'Tentatively the striking out by defendants is fixed on Feb 5th at 3pm," he said. 

It was reported on last Friday that Nik Hasmat dismissed Ezam's application to admit Singapore court documents and judgment related to 1MDB following the jailing of Yeo Jiawei

Ezam had filed the suit on allegations of a breach of fiduciary duties.