PM, three others file bid to strike out suit by Bersatu 6
Prime Minister and Bersatu president Muhyiddin Yassin and three others have filed an application to strike out a legal challenge filed by Dr Mahathir Mohamad and five others against their dismissal from the political party.
Counsel Rosli Dahlan said that the application was filed yesterday on grounds that the legal challenge was “vexatious, frivolous, scandalous, and an abuse of court process”.
Prime Minister and Bersatu president Muhyiddin Yassin and three others have filed an application to strike out a legal challenge filed by Dr Mahathir Mohamad and five others against their dismissal from the political party.
Counsel Rosli Dahlan said that the application was filed yesterday on grounds that the legal challenge was “vexatious, frivolous, scandalous, and an abuse of court process”.
Aside from Muhyiddin, the three others who sought to strike out the legal challenge were Home Minister and Bersatu secretary-general Hamzah Zainudin; Bersatu organising secretary Muhammad Suhaimi Yahya, and Registrar of Societies (ROS) director-general Masyati Abang Ibrahim.
Rosli acts as the counsel for Muhyiddin, Hamzah, and Suhaimi.
Rosli claimed that the main suit suffered from "multiple irregularities in law and fact", thus rendering the whole suit defective.
The lawyer alleged that among the irregularities were that Mahathir and the five others, via conduct and letter, have left the party, among others.
The five others are disputed party deputy president Mukhriz Mahathir, disputed party Youth chief Syed Saddiq Syed Abdul Rahman, disputed supreme council members Maszlee Malik, Amiruddin Hamzah, and disputed secretary-general Marzuki Yahya.
Mahathir and the five others are plaintiffs who have filed legal action against their termination as members of Bersatu.
The main suit named Muhyiddin, Hamzah, Suhaimi, and Masyati as the defendants.
Rosli pointed to examples such as a letter dated Feb 24 where Mahathir had resigned as chairperson of Bersatu.
“They say that they are still members but how do you become a member of a political party but via conduct and letter, have left the party?
“This kind of suit should be struck out as frivolous, vexatious, scandalous, and an abuse of court (process),” he said in regards to the striking out an application filed under Order 18 of the Rules of Court 2012.
He said that the striking out the application would come up for hearing before Kuala Lumpur High Court judge Rohani Ismail on July 9.
Rosli added that July 9 was also to hear the defendants’ application to remove Bersatu as a listed seventh plaintiff in the main suit, as it is allegedly procedurally incorrect.
When met after proceedings today, Mahathir’s lawyer Mohamed Haniff Khatri Abdulla confirmed that the defendants have filed the striking-out application and that the striking-out bid would come up for hearing on July 9.
Meanwhile, Haniff also said that today’s initially scheduled hearing of the plaintiffs’ application for an interim injunction against the defendants had to be postponed to July 9 because the defendants needed time to respond to the injunction application.
Today was initially set for the hearing of the interim injunction application in order to maintain the status quo of all parties in the matter, pending disposal of the main legal challenge against the plaintiffs’ dismissal from Bersatu.
Haniff also added that the court today rejected his oral application for an “ad-interim injunction” to maintain status quo between parties pending the July 9 hearing.
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