KUALA LUMPUR (April 14): Former prime minister Datuk Seri Najib Razak claimed that the suit by 1Malaysia Development Bhd (1MDB) and its four subsidiaries against him is an "abuse of process".
In a statement of defence filed by his solicitors Messrs Shafee and Co dated March 28, Najib said that as the initial "wrongdoers" were removed, the suit "casts suspicion and is disingenuous" on the part of the plaintiffs.
The former premier, however, did not name the "wrongdoers" but merely said: " It is apparent from the amended writ summons that the wrongdoers that were initially named were removed."
"This casts suspicion and disingenuous on the part of the plaintiffs in the filing of this suit, thus amounting to an abuse of process," Najib added in the 12-point statement of defence.
In the suit, Najib and seven others are sued on the grounds of financial loss due to abuse of power and breach of fiduciary duties.
The defendants include former 1MDB executives Terence Geh, Casey Tang, Jasmine Loo and Nik Faisal Ariff Kamil.
Geh was 1MDB's deputy chief financial officer and Loo was formerly its general counsel, while Tang was an executive director of business development and former chief investment officer. Nik Faisal was SRC International Sdn Bhd's chief executive officer (CEO). All four individuals are still at large.
The others who were named include 1MDB's former director of investments and chief investment officer Vincent Beng Huat Koh, former chief financial officer Radhi Mohamad and former director of investments Kelvin Tan Kay Jim.
Previously, theedgemarkets.com reported that seven other individuals had been dropped from the suit. They were former 1MDB directors Tan Sri Che Lodin Wok Kamaruddin, Tan Sri Ismee Ismail, Tan Sri Ong Gim Huat and Ashvin Jethanand Valiram, former CEOs Datuk Shahrol Azral Ibrahim Halmi and Mohd Hazem Abdul Rahman, and former chief financial officer Azmi Tahir.
Shahrol, Hazem and Ismee had testified as prosecution witnesses in Najib's 1MDB abuse of power and money laundering criminal trial. The former premier is charged with four counts of abuse of power involving RM2.28 billion and 21 counts of money laundering, including nine for illegal proceeds, five counts of using the illegal proceeds and seven for transferring the proceeds to other entities.
Najib also asserted his right to remain silent in relation to allegations in his ongoing criminal proceedings and added that the statement of defence was filed without prejudice to the ongoing matter.
Besides admitting to a few particulars, such as his address and his former positions as the chairman of the 1MDB board of advisors and the finance minister, the Pekan Member of Parliament (MP) also denied "each and every" allegation raised by the plaintiffs.
As such, he said the plaintiffs are "put to strict proof" as to "each and every" allegation raised in their statement of claim.
The 1MDB subsidiaries involved in this suit are 1MDB Energy Holdings Ltd, 1MDB Energy Ltd, 1MDB Energy (Langat) Ltd and Global Diversified Investment Company Ltd (formerly known as 1MDB Global Investments Ltd). The plaintiffs are represented by law firm Skrine.
The suit is part of a larger 22 civil suits filed in May 2021 to recover losses suffered by 1MDB and its subsidiary SRC.
Separately, the High Court has set Aug 17 to hear Najib's Mareva injunction matter in relation to the suit.
On Feb 8, 1MDB along with its subsidiaries obtained a Mareva injunction from the High Court (commercial division) against Najib in relation to their claim of US$681 million.
A Mareva injunction is a court order which essentially freezes the defendant's assets to prevent any transfer of said assets that the plaintiff is seeking to recover.
The Mareva injunction against the Pekan MP allows him to withdraw only up to RM100,000 monthly from his bank accounts.
Najib also faces another Mareva injunction revolving assets amounting to RM42 million in a separate suit.
Judicial Commissioner Datuk Mohd Arief Emran Arifin granted SRC and one of its subsidiaries, Gandingan Mentari Sdn Bhd, the injunction on March 24.
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1MDB, subsidiaries obtain Mareva injunction to freeze Najib's assets, allows ex-PM to withdraw maximum RM100,000/month from bank accounts