Anina's suit: Court to decide tomorrow on Najib's stay application

The High Court here has fixed tomorrow for a decision whether to allow Datuk Seri Najib Razak's application to stay proceedings on the suit filed by former UMNO member Anina Saadudin concerning repayment of a sum of RM2.6 billion.

The UMNO president had applied for the stay pending the court hearing on his and UMNO executive secretary Datuk Ab. Rauf Yusoh's application to strike out the suit. Anina had also named Ab. Rauf as a defendant in her suit.

Judicial Commissioner Datuk Mohd Zaki Abdul Wahab set the date in chambers after hearing submissions from both parties.

Lawyer Datuk Mohd Hafarizam Harun who represented Najib, who is also Prime Minister, and Ab Rauf, told reporters afterwards that he had submitted that the stay should be granted as the former Langkawi Wanita UMNO member did not have locus standi to file a suit on behalf of UMNO.

He added that Anina lost her membership in the party ipso facto when she commenced the legal action on Aug 28 based on Clause 20.7 of UMNO's constitution.

The clause states that a member who brings any party matters or membership rights to court before fully complying with party regulations will automatically lose his membership.

Mohd Hafarizam also said the court today allowed the applications of both defendants for an interim postponement to file their defence statement until a decision on the stay of proceedings tomorrow. They were due to file the defence statement tomorrow (Oct 1).

"We do not need to file our defence tomorrow morning until a decision is made on whether our applications are allowed or not. Should the court turn down our applications, I will seek the advice of my clients whether to appeal further or file our defence," he said.

Based on court records, case management on the applications to strike out the suit by Anina has been set for Oct 6.

On Aug 28, Anina filedthe suit against both defendants, among others to seek a portion of the RM2.6 billion allegedly channeled by Najib into an account which does not belong to UMNO in Singapore.

Anina was represented by lawyer Mohd Hanif Khatri Abdulla.