KOTA KINABALU, June 6 — Former Sabah chief minister Tan Sri Musa Aman whose location is currently unknown has withdrawn his previous suit against the state Governor and filed a new action that would not require his presence in court.
His lawyer, Tengku Fuad Ahmad claimed the new suit could be decided entirely using documents and submissions, without needing an open hearing.
“Originating summons means the parties do not need to come to court. The whole thing will be decided by documents — affidavits and documents.
“The hearing date will be expedited to next week, if I’m not mistaken; we are waiting for the date,” he said when contacted.
A writ of summons was originally filed against Yang di-Pertua Negeri Tun Juhar Mahiruddin and Chief Minister Datuk Seri Mohd Shafie Apdal on May 17, and scheduled to be heard on June 19 until it was withdrawn today.
According to lawyers, the previous suit called for all parties to be present in court, while under the new suit, there was no need for Musa, the TYT or Shafie to appear, as the case would be argued on legal points and evidence produced through affidavits, among others.
However, the judge could still call for witnesses if certain legal points needed clarification.
A notice of discontinuance was issued today and shown to the media, while a new originating summons dated June 4 asked for all parties to show up at the judge’s chambers on July 9.
“A Notice of Discontinuance is for the writ of summons filed earlier. The originating summons has been filed today and supported by an affidavit. Case is still on,” said Fuad, clarifying rumours that Musa had withdrawn any legal action.
The summons sighted today sought for a declaration that Musa is the rightful chief minister of Sabah and that the Head of State Tun Juhar Mahiruddin’s appointment of Datuk Seri Shafie Apdal was null and void.
It also asked the court to declare that Juhar acted unconstitutionally in failing to or refusing to appoint the six nominated assemblyman as advised by Musa.
Yesterday, Shafie filed an application to strike out the original suit.
After the May 9 general election, Musa was sworn in as chief minister on May 10 with a razor thin majority but six defections the next day saw Shafie gaining the majority.
Subsequently, Juhar had asked Musa to step down to pave the way for him to swear Shafie in but Musa refused. On May 12, Shafie was sworn in without Musa officially resigning. Musa filed his suit on May 17 against the Head of State and Shafie as first and second defendant respectively.
Musa has also been missing from the state since May 14, while police and the Malaysian Anti Corruption Commission are investigating him for allegations of criminal intimidation and buying support from assemblymen respectively.
He was last seen leaving the state on May 14 for Kuala Lumpur to meet with Umno acting president Datuk Seri Ahmad Zahid Hamidi. Since then, police said they are unaware of his whereabouts and Immigration has no record of him leaving the country.
He has been issuing statements via his lawyers, Zahir Shah and Fuad, in the meantime, including a statement to say he has never travelled through illegal channels after a video allegedly showing Musa at a London railway station emerged on social media.
On Monday, Ahmad Zahid announced that State Umno vice president Datuk Seri Salleh Said Keruak will be taking over Musa’s duties as State Umno chief while Musa takes care of his legal matters.