High Court orders Najib to file defence against Anina's suit over RM2.6 bil "donation"
Prime Minister Datuk Seri Najib Razak was ordered to submit his defence in a lawsuit filed by a sacked UMNO member to recover portions of a RM2.6 billion donation allegedly made to the ruling party by 1 October.themalaymailonline.com
Ms Anina's lawyer, Mr Mohamed Haniff Khatri Abdullah, said the court also ordered Datuk Seri Najib, who is UMNO president, to file affidavits in response to two applications, one of which is to freeze his assets pending the outcome of the main suit for alleged breach of trust.
This has to be done by Oct 6," Mr Mohamed Haniff told The Malaysian Insider yesterday, adding that Ms Anina can then respond by Oct 15.
Lawyers for Mr Najib and party executive secretary Abdul Rauf Yusoh, who is also named in the main suit, later said they would file an application today to strike out the suit against them.
Last week, the sacked UMNO member also filed a mareva injunction to freeze Najib's assets up to a value of US$650 million and asked the court to order Najib to fully declare his all his local and foreign assets either held by himself or others on trust
Haniff said the freezing of the assets under the Mareva injunction was made so that assets would not be removed elsewhere and also not to frustrate his client getting the remedy if she won the case.
The Mareva injunction, also known as a freezing order, is applied so that a defendant to an action cannot disperse his assets from beyond the jurisdiction of a court so as to frustrate a judgment.
Anina has also applied an order for Najib to divulge in an affidavit his movable and immovable assets in Malaysia and overseas within 10 days of a court order.
Anina also sought for the court to order — via a judgment without the need to go for trial — for the full details of the transactions involving the RM2.6 billion donation since it entered Najib’s account until the present.
Haniff had said then that the two applications will enable Najib's assets to be secured and avoid any decision on the main lawsuit from becoming academic if the courts decide in Umno’ favour.
Separately, Anina has also filed a suit on 11 September to contest her expulsion from UMNO, naming UMNO’s secretary-general, Tengku Adnan Mansor, and its executive secretary, Abdul Rauf Yusoh, as first and second defendants respectively
Anina said she is seeking two reliefs in her latest suit. The first relief is for a declaration that the two letters issued by Tengku Adnan announcing her automatic expulsion to be invalid, void and have no effect on her UMNO membership. The second relief is for an order that her expulsion from UMNO is invalid and void.malaysiakini.com
“I hope my suit will mark the beginning of change in how UMNO is managed as a party for Malays and not a party for people in high positions of power,” she said in a press statement. “UMNO members deserve respect because they form the backbone of the party.”freemalaysiatoday.com
2 SEPT:Anina refuses to back down despite being sacked from Wanita UMNO
"My spirits are at the highest possible, I will not move back even one step," she told The Malaysian Insider.
Anina declined to comment when asked if she was upset over her sacking from Umno, and instead recited a poem about how it was the will of God that she was born a Malay and a Malaysian.
"As long as Allah wills me to live, until then I will remain fighting for my beloved country," she said in her poem.
Najib's disregard of her criticism, she added, prompted her to lodge a complaint with the Umno disciplinary board to summon him.
"I believe he has committed breach of trust and gone against the party constitution by accepting and spending the RM2.6 billion," she was quoted as saying.
1 SEPT: UMNO expels Langkawi rep who filed a legal suit against Najib's RM2.6 billion donation
UMNO executive secretary Abdul Rauf Yusoh confirmed with Malaysiakini that Anina Saadudin has been expelled effective today. He said this is because Anina took party matters to court, which under the UMNO constitution, is an offence that can warrant termination.malaysiakini.com
The dismissal letter which went viral on social media today stated that action was taken against her under Article 20.7 of the Umno Constitution for bringing the party to court.themalaysianinsider.com
28 AUG: Langkawi Wanita UMNO leader Anina Saadudin has filed an exorbitant RM2.7 billion lawsuit against PM Najib Razak despite his repeated claims that the RM2.6 billion deposited into his personal account came from political donations
The plaintiff, represented by lawyer Hanif Khatri from the Messrs Hanif Khatri law firm, filed the suit at the Jalan Duta High Court earlier today.
Section 14(d) of the Societies Act 1966 states that an organization registered under the Registrar of Societies must provide the accounts of the last financial year of the society along with a balance sheet detailing the financial position at the close of the last financial year of the society.
Anina is seeking an injunction against Najib and Abdul Rauf or their agents in all UMNO disciplinary boards, divisions, and state liaison body to be restrained from taking any legal action against her until the lawsuit is settled
The statement also said that complaints to the party's disciplinary board have fallen on deaf ears as the supreme council is 'unable' and 'unwilling' to act against Najib's power and influence over the party and authorities.
The plaintiff has named Najib and UMNO executive secretary Abdul Rauf Yusof as defendents in the lawsuit
The vocal member claimed that the legal action is for the benefit of and on behalf of the party and its members.
The statement of claim said Najib had paid or removed from the party an original sum amounting to USD650 million (RM 2.7 billion), and this is in direct violation of the Umno constitution.
The document also said that between March 21 and March 25, 2013, US$680,999,976.00 (RM2.6 billion) made its way into Najib's two private accounts in AmBank, through Falcon Private Bank in Singapore.
The USD650 million (RM 2.7 billion) stated in the lawsuit is allegedly the balance from the original amount of USD681 million that was deposited into Najib's personal account in a Singapore bank
The lawsuit has also demanded the detailed account of all forms of monetary donation received and monies in the AmPrivate Banking Account, No: 2112022009694, along with damages, costs and other reliefs, as reported by Malaysiakini today.
Najib had reiterated that the USD650 million (RM 2.7 billion) was just a party donation but according to the lawsuit, none of the accounts and details of that donation were noted in UMNO's audited accounts for the financial years 2013 and 2014.
All monies belonging to UMNO must be deposited in a commercial or a savings bank as per the Societies Act 1966.
Following the controversial lawsuit against Najib, Anina might find herself expelled from the party
UMNO lawyer, Wan Azmir Wan Hamzah claimed that the lawsuit filed by Anina was a personal action and does not represent the party's views.
Wan also mentioned that they are waiting for the papers to be served as the details on the lawsuit were only from the media reports.
“Whether she was even acting on behalf of the division or branch will have to be ascertained," he said.therakyatpost.com
Wan warned that Anina will most likely be expelled from the party for the lawsuit she filed against Najib as according to him, actions like this nullified membership from the party.
Responding to the threat to be thrown out of UMNO, Anina claims that she is positive she is not alone in filing the lawsuit
When asked if she was afraid of her membership termination, Anina paused briefly before saying “No, I am not.”
“As an Umno member, I am very disappointed with the on-goings within my party.
“Therefore, I have no other choice but to bring the matter to court to seek justice,” she said.
Anina first caught public attention after a video of her speech, harshly criticising Najib started circulating online
In the video, Anina declared Najib had "lied" to Umno members by saying that they all supported him. "The president has lied about the 3 million Umno members. He said 3 million Umno members support him.
"Datuk Seri Shabery Cheek said I should have used better language in my speech. But I think the deputy president had already used very beautiful language. Even then, the president refused to listen.
"How else was I supposed to speak? Please prepare the words for me yourself," she said when contacted by The Malaysian Insider.
In response to the video, the feisty UMNO member merely said that softer approaches will not work with Najib, as reported by The Malaysian Insider.
The Malaysian Anti-Corruption Commission (MACC) investigated Najib for corruption and cleared him despite confirming the existence of the money and merely saying that the funds came from an unnamed Middle Eastern donor
In response, Najib stressed that he would never use party 'donations' for his personal use while still remaining tight-lipped about the sources of the money.
Earlier this month, PKR sued Najib for breaking the election laws by using more money than the law permits to spend on election campaigns
Nurul Izzah Anwar, one of PKR's vice-presidents' said the action was a follow-up to the Wall Street Journal’s article on the RM2.6 billion deposit in the Prime Minister’s bank accounts.
She alleged that Barisan Nasional had engaged in “all kinds of corrupt practices” to win the 13th general election.
Section 19 of the Election Offences Act states that a candidate for parliament cannot spend more than RM200,000 on his/her election campaign whereas a state assembly candidate's amount is limited to RM100,000.
Multiple prominent leaders, members of the political community, and the rakyat have been throwing questions at Najib over the RM2.6 billion scandal. More on that: