Najib's court-attendance appeal dismissed on academic grounds

Najib Abdul Razak was appealing a Kuala Lumpur High Court dismissal of his bid to attend a hearing of his application to quash the US$681 million (RM3.2 billion) Mareva injunction against him.

However, the hearing that he wanted to attend was on Nov 11 last year, and the High Court on Sept 27 this year, dismissed the former prime minister’s 1MDB bid to quash the restraining order obtained by Malaysian sovereign wealth fund 1MDB.

As a result, the Court of Appeal today dismissed Najib's appeal over the lower court's refusal to allow him to attend the Nov 11 2022 hearing.

The three-person appellate bench chaired by P Ravinthran ruled that the former finance minister's appeal was academic.

Ravinthran pointed out that Najib already has a separate appeal at the Court of Appeal over the Sept 27 High Court ruling, and that the appellant can always file another bid for the Court of Appeal to allow him to attend the said appeal.

“We are of the opinion that any decision in this (court-attendance) appeal is completely academic, we dismiss this appeal," Ravinthran read out the unanimous ruling on behalf of fellow bench members, Mariana Yahya and Lim Chong Fong.

The bench also made no order as to costs.

Najib, who is currently serving a 12-year jail sentence at Kajang Prison since last year over a RM42 million SRC International corruption case, was represented by lawyer Muhammad Shafee Abdullah.

Respondent 1MDB was represented by counsel Siva Kumar Kanahasabai.

Early last year, 1MDB obtained the Mareva injunction in order to maintain the status quo between the fund and Najib, pending disposal of the former's ongoing US$8 billion (RM37.5 billion) lawsuit against him.

The High Court then ruled, among others, that the nature of Najib's asset disclosure in the matter shows a heightened risk of asset dissipation if there is no restraining order.

Due to the Mareva injuction ruling, Najib only has permission to withdraw up to RM100,000 monthly from his bank accounts to meet his expenditure or living expenses.

Najib will have to apply to 1MDB's solicitors if he needs to withdraw more than the RM100,000 a month stipulated by the court.

A Mareva injunction is a freezing or asset protection order that prevents a defendant or respondent from transferring assets which may include money held in banks or financial institutions pending the completion of legal action.

Najib's conviction in the RM42 million SRC International graft case was among the reasons that prompted 1MDB and its subsidiaries to apply for the freezing order.

1MDB and Global Diversified Investment Company Ltd (previously known as 1MDB Global Investment Ltd) and three of its units are the plaintiffs in the pending legal action against Najib.

SRC's RM42m suit: Court denies Najib's appeal to quash Mareva injunction

1MDB lawsuit: US$681m Mareva freezing order against Najib stays

RM114m belonged to Umno, not part of my assets: Najib