Prime Minister Najib Abdul Razak’s wife Rosmah Mansor may be subpoenaed in relation to the legal suit filed against her husband by Dr Mahathir Mohamad and two others.
Lawyer Mohd Haniff Khatri Abdulla, who is representing the plaintiffs, did not discount the possibility of summoning the prime minister’s wife to the witness stand.
“We will look into all aspects and brief the media in due course,” he told Malaysiakini.
He also intends to subpoena Communications and Multimedia Minister Salleh Said Keruak as well as Deputy Home Minister Nur Jazlan Mohamed.
Haniff claimed the responses from the pair to the legal suit showed that they are attempting to divert attention.
“Shouldn’t a minister or deputy minister be concerned about the people first and the prospect of someone abusing his power.
“With regard to Salleh’s comments on Mahathir’s failure in bringing a motion of no confidence (against Najib) in Parliament, let me ask him, Mahathir is not a MP and if there is no corrupt practice and a failed institution, why was the motion of no confidence placed last on the list of the day in the legislature?” he said.
All this, Haniff alleged, show there is corruption and abuse of power in the current administration.
He further described the legal action as “the mother of all suits” because a former premier is challenging a sitting prime minister.
As for Nur Jazlan questioning the locus standi (legal standing) of the plaintiffs, Haniff said if a person holds public office and abused this for personal gain, then a citizen has the right to mount a legal challenge.
“I urge Nur Jazlan to stop diverting the issue by sweeping the serious allegation of abuse of power under the carpet and hoodwinking the public. He has no right to do that,” he added.
The lawyer also dismissed Salleh’s allegation that Mahathir had tried to topple Najib via Umno and Parliament, but is now attempting to do so through the court.
He said Mahathir does not hold any position in Umno or Parliament.
“If Salleh is concerned about Umno, then he should be concerned about corrupt practice or abuse of power when (deputy president) Muhyiddin Yassin was not allowed to speak at the Umno general assembly and opening the Women, Youth and Puteri Umno wings.
“Isn’t this evidence of corrupt practice. Similarly, if the legislature is free from Najib’s influence why did the speaker or the minister of parliamentary affairs put the motion of no confidence last on the list of the day?
“Aren’t these examples of corrupt practice of the legislature where a motion is not given light of day?” he added.
Haniff said he would be calling numerous witnesses to adduce sufficient relevant evidence.
The plaintiffs, which included former Langkawi Wanita Umno member Anina Saadudin and former Batu Kawan Umno division vice-chairperson Khairuddin Abu Hassan, filed the suit against Najib for breach of fiduciary duty and misfeasance in public office.
Among others, they claimed that Najib acted in bad faith to undermine, or cause to compromise various respective institutions involved in the probe of 1MDB scandals related to the remittance of RM2.6 billion and RM42 million or any other amount into the PM’s personal bank accounts.
They are seeking a court order to declare Najib as having committed the tort of misfeasance in public office and breach of fiduciary duties by using his post as prime minister, chairperson of BN and Umno president to act in bad faith, to obstruct, intercede, impede and derail investigations and inquiries related to 1MDB.
Misfeasance is a term used in tort law to describe an act that is legal but performed improperly.
The plaintiffs are also seeking a similar declaration where Najib abused his positions to take action against Anina and Khairuddin.
Furthermore, they are seeking RM2.6 billion in exemplary damages and aggravated damages of RM42 million.
Najib has repeatedly denied any wrongdoing, and accused Mahathir of conspiring to topple him. – Malaysiakini