Court strikes out Anina's RM2.6 billion donation suit against Najib, Ab Rauf

UMNO president Datuk Seri Najib Tun Razak and Executive Secretary Datuk Ab Rauf Yusoh today succeeded in setting aside a suit filed by former Langkawi UMNO member Anina Saadudin over the RM2.6 billion donation issue.

High Court Judicial Commissioner Datuk Mohd Zaki Abdul Wahab allowed the application by Najib and Ab Rauf to strike out the suit after deciding that Anina did not have the locus standi to start legal action because she was not an office bearer or holding any post in UMNO.

He ordered Anina, as the plaintiff, to pay costs of RM5,000 to each defendant (Najib and Ab Rauf).

Mohd Zaki said he agreed with the argument of counsel Datuk Mohd Hafarizam Harun who represented Najib and Ab Rauf that under Section 9 (c) of the Societies Act 1966, any proceeding against an organisation or office bearers can only be initiated by an office bearer or someone holding a post in the organisation.

"The fact is that the plaintiff is clearly not an UMNO office bearer or holder of a post in UMNO, and as such she is not in a capacity to carry out her action," he said.

On the question of whether a non-member of an organisation could take court action to represent the public to enforce a responsibility which the organisation could not carry out, Mohd Zaki said whatever enforced must have public interest and not just an internal party issue.

"Based on the statement of claim and the plaintiff's affidavit, I find the matter which the plaintiff demanded to be enforced or carried out by UMNO is an internal affair of the organisation.

"The matter to be enforced was not in the interest of the public, although undeniably every UMNO member has an interest but it need not necessarily be the overall interest of the public," he said.

Mohd Zaki said, based on the arguments, he found Anina's writ and statement of claim clearly not admissible.

Earlier, Mohd Hafarizam requested for costs of RM10,000 per defendant because the case had drawn public attention on the internal issue of the party, but lawyer Mohamed Haniff Khatri Abdulla representing Anina argued that there should be no order for cost as the case was only at the application stage and no statement of defence was filed to date.

On Aug 28, Anina filed a suit against Najib and Ab Rauf, among others, demanding part of the RM2.6 billion, (US$650 million) which was said to have been banked into by the party president into his personal account in Singapore.

Najib and Ab Rauf then filed applications to strike out the suit on the basis that it was frivolous, vexatious, and Anina had no right under the law to file the suit because she was not an UMNO office bearer.

Outside the court, Mohamed Haniff and Anina said they would file an appeal at the Appeals Court against the decision, while Mohd Hafarizam said: "It's a good New Year gift for UMNO".