Damansara MP Tony Pua vows to take on Najib Razak in a misfeasance suit filed four years ago as the former prime minister had caused losses to the government and the people.
The DAP national publicity secretary said the suit against Najib was not a personal suit and, therefore, he intended to pursue it.
“It is not for ‘me’ to settle amicably with Najib. It is a public interest suit to claim that Najib is personally liable for the losses the government incurred as a result of his misfeasance – whether through corruption, misappropriation or negligence,” he told FMT in a text message.
Further, he said Najib was still protesting his innocence and refusing to bear any responsibility for the sufferings caused to Malaysians.
“Therefore, there’s no basis at all for a settlement. We will inform the court as such,” he said.
He said this in response to High Court Judge Rozana Ali Yusof’s proposal to lawyers for Pua and Najib yesterday during a case management that the suit be settled amicably.
Pua’s lawyer Tan Cheng Leong said Rozana had asked parties to find a solution to the case.
The lawyer said should parties agree, the matter could be referred to the High Court mediation centre for an out of court settlement.
A year ago, Rozana deferred the hearing of the suit until Najib’s ongoing corruption and money laundering trial involving RM2.3 billion was completed.
The trial will continue on Feb 8, with Najib ‘s lead counsel Muhammad Shafee Abdullah in the midst of cross-examining 10th prosecution witness, former 1MDB chief executive Mohd Hazem Abd Rahman.
Pua sued Najib and the government on Jan 16, 2017 for alleged misfeasance in public office over the 1MDB case and sought damages and interest and other relief as deemed fit by the court.
He claimed Najib, as a public officer, in his capacity as Pekan MP, then prime minister and chairman of the 1MDB board of advisers had direct and indirect roles in the decisions and direction of the state investor.
On Nov 19, 2019, the Federal Court in a landmark ruling decreed that the former prime minister was a public officer and could be sued for allegedly abusing his power while in office, setting aside the rulings of the High Court and Court of Appeal.
Judge Nallini Pathmanathan, who delivered the verdict of the five-member bench, said the suit brought against Najib over 1MDB appeared to contain the necessary elements to constitute a valid claim.
“Whether or not he will succeed at trial is a question of evidence, particularly in relation to the alleged damage he suffered,” she had said. – FMT