The High Court here heard today that Datuk Seri Najib Tun Razak had already known his accounts were manipulated in 2016 but a civil action was brought by the former prime minister against AmBank and its former relationship manager, Joanna Yu Ging Ping after the officer had testified in the SRC International Sdn Bhd's case.
Lawyer Datuk Dr Gurdial Singh Nijar, representing Yu, submitted that the former premier only relied on his client’s evidence to file a civil action after the bank officer had testified as a prosecution witness on July 22, last year.
"They (Najib’s lawyers) said this civil suit was independent and had nothing to do with SRC International. They already knew about the manipulation in 2016. If that was so, they would have done it (the lawsuit) in 2016.
“But they waited for the SRC International trial to bring an action. They filed a suit a few months after my client had testified,” he said in his submission to strike out a suit filed by Najib against his clients, AmBank and AMMB Holdings Berhad.
Gurdial said Najib and his team were trying very hard in the SRC case but definitely they did not succeed.
“Here, they are suing the witness (Yu). A perpetrator of the crime is suing a witness of the crime,” he said, adding that the court must protect the witness from direct and indirect harassment.
Najib’s lawyer Harvinderjit Singh, however, contended that the only reason the lawsuit was filed now was because his client found out about the bank’s contravention during the SRC International trial.
“The point is, it required a trial for us to know. The plaintiff (Najib) has a right to look into the act of the defendant (Yu).
“But all these allegations require evidence,” the lawyer said.
Lawyer Benjamin Dawson, who acted for AmBank and AMMB Holdings, said Najib filed this action for a collateral purpose to plug the evidential hole in the SRC defence.
High Court judge Datuk Khadijah Idris then fixed Sept 28 for a decision.
Najib, through Messrs Shafee Co, had filed the suit on Dec 9, last year at the High Court and named AmBank, AMMB Holdings Berhad and Yu as the defendants.
According to the statement of claims, the plaintiff contended that AmBank and Yu had committed negligence when handling his bank accounts (ending with 694, 880, 898 and 906) by disclosing these to fugitive businessman Low Taek Jho or Jho Low.
Najib claimed that the defendants without authorisation had disclosed his bank statements, debit and credit remittance transactions, and balances of funds of account 694 to Low as the third party.
He claimed that the defendants did not engage with him to report on Low’s action on the said bank accounts and that the bank had facilitated the unauthorised third party to make money transfers between accounts 880, 898 and 906.
The Pekan Member of Parliament contended that he had been kept in the dark about the details of his own bank accounts statements and other related documents by the bank under Low’s instruction.
He alleged that Low with the help of other unauthorised third parties, had made 20 transactions to regularise the accounts totalling RM12 million through several local and foreign remittances of funds and that the accounts had been ‘red-flagged’ by Bank Negara Malaysia (BNM).
The former prime minister said the defendants failed to report and get direct instructions from him despite the accounts being red-flagged.
Najib also claimed that he only discovered the act committed by the defendants during the SRC International trial after the prosecution had revealed the conversations between Yu and the third parties.
He is seeking special, general, aggravated and exemplary damages from the defendants.
On July 28, Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali convicted and sentenced Najib to 12 years’ imprisonment and fined him RM210 million over the SRC International criminal case.
-- BERNAMA
Bernama
Tue Aug 18 2020
Najib, through Messrs Shafee Co, had filed the suit on Dec 9, last year at the High Court and named AmBank, AMMB Holdings Berhad and Yu as the defendants.
Who is Prabowo Subianto, incoming president of Indonesia?
A wealthy ex-general with ties to Indonesia's popular outgoing president and its dictatorial past, looks set to be its next leader.
Iran's supreme leader says Hamas leader's death will not halt 'Axis of Resistance'
The "Axis of Resistance", built up with years of Iranian support, includes Hamas, the Lebanese Hezbollah group, the Houthi movement in Yemen, and various Shi'ite groups in Iraq and Syria.
Putin says Russia willing to seek compromises between Iran and Israel
Russia is ready to help seek compromises between arch-foes Israel and Iran, President Vladimir Putin said on Friday, saying these would be difficult but possible.
What proposals will Russia push at the BRICS summit?
The proposal is also to establish a BRICS reinsurance company to allow uninterrupted shipment of goods and key commodities between members.
Indonesia's free meals plan in the spotlight as Prabowo readies for office
Prabowo calls the programme one of the main drivers of economic growth, eventually set to add an estimated 2.5 million jobs.
Astro AWANI's revamped English news website, AWANI International, launches on Oct 21
Astro AWANI's revamped English platform delivers in-depth global news and expert analysis to keep you informed on key developments.
Israeli strikes kill 33 people in Jabalia refugee camp in Gaza, medics say
Residents of Jabalia said Israeli tanks had reached the heart of the camp after pushing through suburbs and residential districts.
Liam Payne's ex-partner calls for media restraint after 'painful' death
Cheryl Tweedy used her statement to urge the media to remember they had a seven-year-old son, Bear, who could read the reports.
Analysts: Indonesia's strong MoF leadership team to boost investor confidence
Sri Mulyani Indrawati as head of Indonesia's Ministry of Finance is expected to instil confidence among investors.
Biden offers both a carrot and a stick to Israel as his term nears an end
Israel has frequently resisted US advice and has caused political difficulties for the Biden administration.
Putin says BRICS will generate most of global economic growth
Russian President Vladimir Putin will host a summit of the group in the city of Kazan on Oct. 22-24.
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.