Tony Pua's suit against Najib, govt for misfeasance of 1MDB fund dismissed

High Court Judicial Commissioner Datin Faizah Jamaludin allowed the applications by Najib and the government on grounds that Pua had no locus standi to file the action against them.

In the judgment, Faizah said Pua failed to provide details on the alleged misfeasance by the prime minister and that they were merely speculations. She said Pua’s action in filing the suit was an abuse of the court process and that there was no appropriate clause of action for him to do so. “The court is also bound by the decision of the Court of Appeal which ruled that the Prime Minister and the Finance Minister could not be sued as they are not public officials,” she said.

The court also ordered Pua to pay cost, amounting to RM10,000 to Najib and the government.

Najib is represented by lawyers Tan Sri Cecil Abraham and Datuk Mohd Hafarizam Harun, while senior federal counsel Alice Loke acted on behalf of the government.

Pua, who was present at today’s proceeding, was represented by lawyer Gobind Singh Deo.

Najib filed the application to strike out the suit by Pua last Feb 14 on grounds that he is not a public official and claimed that Pua had abused the court process, while the government filed the application last March 2 on grounds that Pua had no locus standi to do so.

Pua filed the suit against Najib and the government on Jan 16 this year for misfeasance in public office over the 1Malaysia Development Berhad (1MDB) issue and had sought general, aggravated and exemplary damages, interest, cost and other relief deemed fit by the court.