Former senator Mohamad Ezam Mohd Nor has failed to obtain a stay of proceedings in Prime Minister Najib Abdul Razak and 1MDB’s bid to strike out his suit over the alleged breach of their fiduciary duties.
Kuala Lumpur High Court judge Nik Hasmat Nik Mohamed ruled there were no special circumstances for the court to grant the stay.
Ezam's had applied for the stay pending his appeal of the decision not to allow him an extension to admit Singapore court documents – said to detail the role played by businessperson Low Taek Jho, or Jho Low, in 1MDB – in his suit.
Nik Hasmat also ordered Ezam to pay RM10,000 in costs to the defendants including the government.
Following this, the judge fixed March 27 for the hearing of the striking out applications by the defendants.
This was confirmed by Ezam's lawyer Farez Jinnah, senior federal counsel Shamsul Bolhassan for the government, and Mohd Hafarizam for Najib.
Hafarizam told reporters that the stay should not be granted as there was nothing exceptional with regards to the document from a foreign jurisdiction.
The hearing today was done in chambers.
On Jan 19, Justice Nik Hasmat had dismissed Ezam's application to adduce the Singapore papers which were filed out of time.
The Singapore court documents are related to the hearing of former banker Yeo Jiawei who is currently serving a 54-month jail term. It details the role played by Penang-born businessperson Low Taek Jho, also known as Jho Low, in 1MDB.
'Representing all Malaysians'
Ezam, in filing the suit, claimed that Najib and the nine former 1MDB directors had breached their fiduciary duties, accusing them of intentionally causing “wrongful losses” of US$3.66 billion for 1MDB.
The US$3.66 billion total sum claimed by Ezam came from the US$1.03 billion transferred to Good Star Ltd and used for a joint venture with PetroSaudi International Ltd, the US$1.367 billion paid to Aabar BVI and US$1.26 billion paid to Tanore Finance Corporation (TFC).
He said he filed the suit in his personal capacity as a taxpayer and to represent all Malaysians and pledged to return the amount back to 1MDB and the government should the court rule in his favour.
As a result of Justice Nik Hasmat's decision, Ezam has filed an appeal with the appellate court over the inadmissibility of the Singapore documents.