KUALA LUMPUR: Prime Minister Najib Razak wants to intervene in a lawsuit filed by former law minister Zaid Ibrahim to compel a bank to disclose details pertaining to the RM2.6 billion donation and another RM42 million believed to have been deposited into five accounts belonging to the premier.
This was disclosed by lawyer Nizam Bashir, who appeared for counsel Americk Sidhu who is representing Zaid. Americk is overseas.
Nizam said Najib’s intervention was made known during case management before a court registrar today.
Lawyer Norhazira Abu Haiyun from the legal firm Hafarizam Wan & Aisha Mubarak was present to convey the proposed intervention.
“Zaid has no problem. Let the lawyers for Najib file their court papers. All parties must be given the right to be heard,” Nizam told FMT.
Nizam said Ambank Islamic Bhd represented by Grace Yeo, had been given up to Dec 5 to file an affidavit in response to Zaid’s application.
“Zaid in turn can file his affidavit-in-reply by Dec 19,” he said.
The next case management has been fixed for Dec 22.
Zaid also wants the bank to reveal sources of incoming funds and the recipients of payments made from the time the accounts were opened until they were closed on Sept 30 this year.
The former Umno leader, who filed the action last month on behalf of Malaysian citizens and taxpayers, said he also wanted the bank to provide copies of bank statements of the accounts from the date they were opened and closed.
Zaid said he wanted the bank, formerly known as AmIslamic Bank Bhd, to make the disclosure under the Bankers Books Evidence Act 1949.
Zaid said he needed the information in support of his suit in another case against Najib, 1MDB, the Malaysian government and Najib’s stepson Riza Aziz.
In August, Zaid filed the action to recover US$731 million and RM42 million banked into the prime minister’s accounts.
According to Zaid, US$50 million was deposited into the accounts between February 2011 and November 2012 while US$681 million was deposited in March 2013.
However, the US$681 million is widely known as the donation of RM2.6 billion based on the exchange rate at that time.
Zaid said he was taking the action, which would benefit the second and third defendants – 1MDB and the Malaysian government – as they were not in a position to do so.
The first defendant, Najib, he claimed, would not allow the second and third defendants whom he controls, to take any action against him.
“Najib, as trustee of 1MDB, has a duty to protect and preserve the assets of the state and not convert them for his own use,” he said in the statement of claim.
Zaid sought orders directing Najib to repay RM42 million to the government of Malaysia, plus compound interest at 2 % per month from the date the money was first received to the date of full and final settlement.
He also wants orders directing Najib to repay 1MDB US$731 million by way of restitution, plus 2 % compound interest per month from the date when the money was first received to the date of full and final settlement.
He said the US$731 million comprised US$681 million deposited into Najib’s personal account in March 2013 before the general election that year, US$20 million that he allegedly received from Good Star Ltd between February and June 2011, as well as US$30 million he allegedly received from Aabar BVI between October and November 2012.
Further, Zaid wants orders directing Riza Aziz, to repay 1MDB, all monies he had received from it, either directly or indirectly.
He also wants Riza Aziz to transfer all properties, movable or immovable, that he had acquired with money from 1MDB, and held under his name or held under his agents’ name, including businessman Low Taek Jho.