Court strikes out Umno's suit to reclaim RM116.7 million property seized in raids
Umno’s lawyer Datuk Hariharan Tara Singh (right) said he had informed the judge that he would appeal against the court’s decision. (NSTP/MOHAMAD SHAHRIL BADRI SAALI)
By Khairah N. Karim - March 21, 2019 @ 5:47pm
KUALA LUMPUR: The High Court today struck out Umno’s suit to reclaim RM116.7 million allegedly belonging to the party that was seized in police raids of properties linked to the party’s former president Datuk Seri Najib Razak last year.
Judge Datuk Nik Hasmat Nik Mohamad made the decision after allowing a striking out application by the Royal Malaysian Police (PDRM) and the government.
The suit was struck out with RM7,000 costs.
Senior federal counsel S.Narkunavathy, who acted for PDRM and the government, said this when met outside the court after the proceedings in chambers.
She said the court had allowed their application on grounds that the plaintiff (Umno) had no reasonable cause of action to commence the legal action and the party has no locus standi to file the suit against the defendants.
“The decision was made on grounds that they have not shown their locus and the suit was vexatious, an abuse of the court’s process and scandalous.
“The suit was struck out with RM7,000 in costs,” she added.
Meanwhile, Umno’s lawyer Datuk Hariharan Tara Singh said he had informed the judge that he would appeal against the court’s decision.
On Sept 21 last year, Umno’s public officer Datuk Seri Ab Rauf Yusoh filed the suit on behalf of the party naming Federal Commercial Crime Investigation Department (CCID) deputy director (Intelligence and operations) Datuk Mohd Sakri Arifin; then CCID Assistant Commissioner R. Rajagopal; then CCID director Datuk Seri Amar Singh, Inspector-General of Police and the Government as defendants.
In the statement of claim, Umno alleged that on May 17 last year, Mohd Sakri had conducted search and seizure on the premises with a raiding team from the PDRM and on May 25 the same year, Amar Singh announced that among others, RM114 million cash was seized by the team from the premises.
The party further contended that during another press conference on June 28, Amar Singh announced that the amount seized was RM116.7 million and not RM114 million.
Umno claimed that the search and seizure of the alleged items was illegal, unlawful and a violation of its rights under the Federal Constitution.
It also claimed that the search and seizure was conducted arbitrarily without reasonable suspicion.
Umno stated that the defendants had breached their statutory duty for having acted in such a manner against the party without any reasonable cause and with malice, intentionally to injure and cause maximum damage to Umno.
Among others, Umno sought for the defendants to disclose the list of items seized in the raids and a declaration that the search and seizure conducted on May 17 was illegal.
It had also sought an order for the return of the sum of RM116.7 million to Umno as well as an order for the return of the RM43.3 million being the difference between RM160 million and RM116.7 million to Umno.
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