Court dismisses Dr Mahathir's bid to review dismissal of suit against Najib

📆 7/7/2020 4:02 PM
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PUTRAJAYA (Bernama): The Federal Court here has dismissed former prime minister Tun Dr Mahathir Mohamad and former Batu Kawan Umno vice-chief’s application to review a previous court ruling in their misfeasance of public office lawsuit against Datuk Seri Najib Razak. Dr Mahathir and Datuk Seri Khairuddin Abu Hassan sought to review the earlier decision of the Federal Court which disallowed their application for leave to appeal against the High Court and Court of Appeal's decisions which struck out their lawsuit. A three-member bench led by Chief Judge of Malaya Tan Sri Azahar Mohamed, in a unanimous decision Tuesday (July 7), said the case was not an exceptional case for the court to exercise its review power. 'In our opinion, the present application does not meet the strict requirements under Rule 137 of the Rules of the Federal Court 1995,” he said. Justice Azahar said the case of bias was not made up. 'We did not see any miscarriage of justice,” added Justice Azahar, who presided with Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Hasnah Mohammed Hashim. He also ordered the applicants to pay RM30,000 costs. Dr Mahathir and Khairuddin sued Najib on March 23, 2016, accusing the former prime minister (Najib) of having committed misfeasance in public office and acting in breach of his fiduciary duty over the management of sovereign investment fund 1Malaysia Development Bhd (1MDB). On April 28, 2017, the High Court allowed Najib's application to strike out the suit, ruling that the prime minister was not a public officer but a member of the administration. On Aug 30, 2017, the Court of Appeal dismissed the appeal brought by Dr Mahathir and Khairuddin. Dr Mahathir and Khairuddin could not proceed with their appeal in the Federal Court, in their bid to reinstate the suit as the Federal Court three-man bench led by former Chief Justice Tun Raus Sharif refused to grant them leave to appeal on Feb 27, 2018. In Tuesday’s proceedings, lawyer Haniff Khatri Abdulla,

PUTRAJAYA : The Federal Court here has dismissed former prime minister Tun Dr Mahathir Mohamad and former Batu Kawan Umno vice-chief’s application to review a previous court ruling in their misfeasance of public office lawsuit against Datuk Seri Najib Razak.

"In our opinion, the present application does not meet the strict requirements under Rule 137 of the Rules of the Federal Court 1995, ” he said."We did not see any miscarriage of justice, ” added Justice Azahar, who presided with Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Hasnah Mohammed Hashim.

He argued that Raus should have disqualified himself from hearing the leave to appeal because Dr Mahathir had filed a judicial review to challenge the validity of his appointment as additional judge after he reached the mandatory retirement age of 66 years.

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