KUALA LUMPUR, May 28 — The Federal Court will hear in August, Prime Minister Tun Dr Mahathir Mohamad’s bid to reinstate his misfeasance lawsuit against his predecessor Datuk Seri Najib Razak over 1Malaysia Development Berhad (1MDB) investigations.
Dr Mahathir’s lawyer Mohamed Haniff Khatri Abdulla said the Federal Court will be hearing his client’s application to review the apex court’s previous refusal to hear a bid to restore the case.
“Najib’s lawyer asked for extension of time to put in the affidavit since Najib cannot be contacted currently.
“Court has fixed matter for hearing on 6.8.2018,” he said in a statement today.
Today was the case management of Dr Mahathir’s and Khairuddin’s review application.
The lawsuit was filed by Dr Mahathir and two other former Umno members – Anina Saadudin and Datuk Seri Khairuddin Abu Hassan – on March 23, 2016 over alleged misfeasance and breach of fiduciary duty in public office.
The trio had sued Najib over alleged interference in government investigations on state investment firm 1MDB and the RM2.6 billion “donation” to the then prime minister.
In their joint statement of claim, Dr Mahathir and the two others had claimed that Najib had attempted to avoid negative repercussions from the investigations, besides saying that the prime minister has no constitutional and legal power to use his public office for personal gain.
But the High Court on April 28, 2017 later allowed Najib’s application to strike out the lawsuit, while the Court of Appeal on August 30, 2017 unanimously dismissed Dr Mahathir’s appeal against the striking out of the case.
A three-man panel at the Federal Court had this February 27 unanimously dismissed Dr Mahathir’s application for leave to appeal the Court of Appeal’s upholding of the striking out of the case.
Following the Federal Court’s refusal of leave for appeal, Dr Mahathir had filed on April 26 an application for the Federal Court to have a separate panel of judges to review the earlier decision by another set of Federal Court judges.
Najib is currently under police investigation over 1MDB, with cash and luxury goods seized in several raids.
Najib has previously denied wrongdoing in relation to 1MDB.