Court orders Najib, Zahid to file defence for breach of oaths


PETALING JAYA: Prime Minister Najib Razak and his deputy Ahmad Zahid Hamidi have been ordered to file their defence by Oct 27 for allegedly violating their constitutional oaths.

Former Umno leader Khairuddin Abu Hassan’s lawyer Syed Iskandar Syed Jaafar Al Mahdzar said High Court deputy registrar M Pavani had also ordered the duo to file their applications to strike out his client’s suit by Nov 10.

“The counsel appearing for Najib and Zahid informed Pavani that he had yet to obtain instruction on the striking out but the court gave a timeline to file the papers,” Syed Iskandar told reporters.

Lawyer Yazid Mustaqim Roslan appeared for Najib and Zahid.

The next case management on Nov 15 will be before justice Ahmad Zaidi Ibrahim.

Khairuddin, an ardent critic of the state investor 1Malaysia Development Bhd (1MDB), in his statement of claim, said both leaders were unfit to be in the cabinet for misleading the public that RM2.6 billion in Najib’s account had come from an Arab donor.

He said Najib and Zahid had violated their oath of office, prescribed under the Sixth Schedule to preserve, to protect and defend the Federal Constitution.

The former Batu Kawan Umno division vice-chairman, who was sacked in 2015, wants a declaration that Najib is unfit to hold the prime minister’s post or to be a member of the cabinet established under Article 43 of the constitution.

Khairuddin, also wants a similar declaration that Zahid, who is also home minister, is unfit to hold any position in the cabinet.

He said both became trustees of their office in public law and were, accordingly, under duty not to knowingly misrepresent facts or to mislead the citizens or to lie to them on material issues.

Khairuddin said sometime in March 2013, US$681 million (RM2.6 billion) was deposited in the private account of Najib, which he claimed belonged to 1MDB.

He said Najib had on several occasions publicly denied that the money belonged to 1MDB and instead declared that it had come from an Arab donor.

“In truth the monies came from a company called Tanore Corporation Finance which is controlled by Low Taek Jho or Jho Low,” Khairuddin added.

Khairuddin said Zahid, publicly as well as in the Dewan Rakyat, had declared that he had met the donor or donors of the US$681 million.

He said both had violated the solemn oath they had taken by making false statements, and that this was in breach of the trust placed on them by Malaysian citizens.