Judicial Commissioner Zaki Abdul Wahab ruled that Anina cannot take the action on behalf and benefit of Umno. “In the statement of claim, she is suing on behalf and for the benefit of the party, or what was deemed as derivative action.”
“However, after she filed the lawsuit, she was sacked from the party. Thus, she does not have the capacity to bring this lawsuit,” said JC Zaki. “The sacking decision has been earlier affirmed in the High Court.”
He added that since Anina was not a member, she cannot proceed with the derivative action.
JC Zaki also said that the lawsuit was pertaining to Umno’s own matters. “The lawsuit is related to internal Umno party matters and it does not have public interest.”
JC Zaki agreed with lawyer Hafarizam Harun’s earlier submission that Anina cannot file the lawsuit as she was not a public officer. “Section 9(c) of the Societies Act states that only an office bearer can initiate an action for the party,” he said.
JC Zaki ordered Anina to pay Najib and Rauf a total cost of RM10,000.
Anina filed the lawsuit against Najib and Rauf on August 28, seeking that Najib return the RM2.6 billion “donation” that was deposited into his personal account.
She claimed that he had breached the Umno Constitution, the provisions of the Societies Act 1966 and his common law duties as a trustee.
Speaking to reporters outside, Anina’s lawyer Haniff Khatri Abdulla said they will file the appeal against the decision next year. “We will take it all the way up,” he said.
Anina briefly said, “I will not stop here (at the High Court), I will carry on to the next level.”