PM's application to strike out Tun Mahathir's 1MDB 'misconduct' lawsuit will be heard on Nov 7

The High Court here today set Nov 7 to hear Datuk Seri Najib Tun Razak's application to strike out the 'misconduct' lawsuit against him by Tun Dr Mahathir Mohamad and two others in regard to 1Malaysia Development Berhad (1MDB)'s strategic development fund.

The Prime Minister's lawyer, Datuk Mohd Hafarizam Harun disclosed this to reporters when met after a case management proceeding before justice Abu Bakar Jais in chambers today.

Lawyer Muhammad Rafique Rashid Ali represented Dr Mahathir and the other plaintiffs.

Datuk Seri Najib filed the application on April 19, dismissing allegations by the plaintiffs of elements of misconduct and criminal breach of trust on his part as a public servant involving 1MDB.

Dr Mahathir, 90, filed the civil action against the prime minister with Batu Kawan UMNO former vice chief Datuk Seri Khairuddin Abu Hassan, 54, and Langkawi former Wanita UMNO member Anina Saadudin, 41.

Mohd Hafarizam further disclosed that the court had also ordered the plaintiffs to submit their counter affidavits to Datuk Seri Najib's application by Sept 5 while the latter must submit his reply affidavit by Sept 19.

Meanwhile, Muhammad Rafique told reporters that he had received instructions from the plaintiffs to file an appeal against the judge's decision to reject their application for Datuk Seri Najib to be cross-examined on his affidavit in support, in the lawsuit.

"We had assumed that the application would be submitted in the hearing to strike out the suit," he said.

On July 27, the high court rejected Dr Mahathir, Khairuddin and Anina's application for Datuk Seri Najib to be cross-examined after finding that there was no necessity to do so as the issue (regarding public servants) should appropriately be decided only after disposal of Datuk Seri Najib's application to strike out the suit.