KUALA LUMPUR - Prime Minister Datuk Seri Najib Tun Razak is applying to strike out a suit filed by PKR and several opposition leaders against him and three others.
Najib claims PKR has no right to bring the civil claim against him.
Lead counsel Datuk Mohd Hafarizam Harun said the premier was doing so because there was no cause of action, it was an abuse of the court process and that the opposition party has no legal standing to initiate the lawsuit.
"We are also saying that the civil court has no jurisdiction over alleged acts of a criminal nature. I am saying you cannot get a declaration on alleged acts of a criminal nature in a civil claim," said Mohd Hafarizam.
He said the plaintiffs were seeking a declaration that Najib, in receiving RM2.6billion (S$850 million) in his personal account, had acted corruptly and illegally and in breach of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA) and the Malaysian Anti-Corruption Commission Act (MACC) 2009.
Speaking to reporters here after the parties met the judge in chambers, Mohd Hafarizam said Barisan Nasional secretary-general Datuk Seri Tengku Adnan Tengku Mansor was also applying to strike out the suit on simillionar grounds.
He said High Court Judicial Commissioner Mohd Zaki Abdul Wahab has set Oct 9 for case management of both applications.
Lawyer Datuk Tan Hock Chuan, who appeared for 1Malaysia Development Bhd, said he had just received instructions to apply to strike out the suit.
Mohd Hafarizam said they obtained an interim stay so they could file the statements of defence for Najib and Tengku Adnan and the affidavit in relation to the plaintiffs' application for discovery of documents on the RM2.6billion donation.
The court has set Oct 9 for case management of the application for discovery of documents.
PKR and several opposition leaders are suing Najib for alleged breach of election laws following the expose by The Wall Street Journal that RM2.6billion was deposited into his personal accounts.
On Aug 12, former Opposition Leader Datuk Seri Anwar Ibrahim, former PAS MP for Kuala Selangor Dr Dzulkefly Ahmad, PKR election director Datuk Saifuddin Nasution, Lembah Pantai MP Nurul Izzah Anwar and Batu MP Tian Chua filed their suit.
They named Najib, Tengku Adnan, 1Malaysia Development Bhd and the Election Commission as defendants.
In the statement of claim, the plaintiffs claimed Najib committed serious offences under AMLA, MACC Act, the Financial Services Act, the Exchange Control Act and the Penal Code.
They contended that the RM2.6billion received and spent by Najib and Barisan in the 13th general election far exceeded the permitted expenditure of RM94.7million.
Among others, they are seeking a declaration that by reason of the commission of alleged corrupt and or illegal practices that Barisan is an unlawful society and for an order deregistering Barisan as a society.