PUTRAJAYA: Datuk Seri Najib Razak needs his lawsuit over alleged mismanagement of his accounts to be reinstated towards AMMB Holdings Berhad, AmBank Islamic Bhd and its former buyer relationship supervisor, the Courtroom of Enchantment heard.
His lawyer Harvinderjit Singh submitted within the attraction earlier than a three-member panel that Excessive Courtroom decide Datuk Khadijah Idris made inaccurate findings of information and inferences, when she determined that the swimsuit was unsustainable.
He stated the swimsuit filed by his shopper was not a “collateral assault” on his (Najib’s) SRC Worldwide Sdn Bhd felony case, as was determined by the Excessive Courtroom decide when she struck out the swimsuit.
Collateral assault means authorized motion to problem a ruling in one other case.
In her choice, the Excessive Courtroom decide held the swimsuit was an abuse of the courtroom course of because it amounted to a collateral assault on Najib’s SRC felony case as a result of within the swimsuit, the courtroom is required to adjudicate on Najib’s data of monies paid into his account which was the identical points earlier than the felony courtroom within the SRC case.
The previous prime minister is interesting to the Courtroom of Enchantment, looking for reinstatement of his lawsuit which was struck out by the Excessive Courtroom.
Harvinderjit Singh stated the Excessive Courtroom decide was unsuitable to find that the swimsuit was anchored on Joanna Yu Ging Ping’s testimony within the SRC trial which was presupposed to be protected by absolute immunity.
Yu was one of many prosecution witnesses within the SRC trial, the place Najib confronted seven fees referring to the alleged misappropriation of RM42mil of SRC funds.
On July 28, final 12 months, Excessive Courtroom decide Mohd Nazlan Mohd Ghazali convicted and sentenced Najib to 12 years’ imprisonment and fined him RM210mil over the SRC Worldwide felony case.
The Courtroom of Enchantment heard Najib’s attraction for 15 days in April this 12 months and the courtroom has fastened Dec 8 to ship its verdict.
On his swimsuit towards AmBank, AMMB Holdings and Yu, Najib contended in his assertion of declare that AmBank and Yu had dedicated negligence when dealing with his financial institution accounts by disclosing them to Jho Low.
Najib claimed that AmBank, AMMB Holdings and Yu, with out authorisation, had disclosed his financial institution statements, debit and credit score remittance transactions, and balances of funds of certainly one of his accounts to Low because the third occasion.
The courtroom additionally heard submission from lawyer Datuk Dr Gurdial Singh Nijar representing Yu, a former buyer relationship supervisor, in saying that she was not the contributing issue that lead Najib to be charged with seven counts of fees associated to SRC.
He stated that it was not Yu’s choice to cost Najib but it surely was the choice of the Lawyer-Normal, the then legal professional normal (Tan Sri Tommy Thomas).
He submitted that the Excessive Courtroom decide was proper when she dominated that the swimsuit was a collateral assault as it might end in conflicting and inconsistencies of reality findings on the identical points.
Lawyer Yoong Sin Min appeared for the businesses.
The listening to earlier than Justices Datuk Yaacob Md Sam, Datuk Hadhariah Syed Ismail and Datuk Ahmad Zaidi Ibrahim continues on Jan 24. – Bernama
