KUALA LUMPUR 13 Feb. – Persatuan Pengimport dan Peniaga Kenderaan Melayu Malaysia (Pekema) memahami hasrat Proton untuk menjadikan pengedar keretanya berkembang seiring dengan langkah pembaharuan syarikat, namun masih terdapat beberapa isu yang perlu dijelaskan dengan teliti.
PUTRAJAYA: The Court of Appeal has reaffirmed Prime Minister Datuk Seri Najib Razak had done nothing wrong in the 1Malaysia Development Bhd (1MDB) issue.
The court said it ought to take judicial notice of the fact that the attorney-general (AG) had made a decision to that effect.
In his 33-page judgment, Court of Appeal judge Datuk Yaacob Md Sam said the findings by the AG and the Malaysian Anti-Corruption Commission (MACC) on that matter were widely reported and they were in public domain and could never be disputed.
He said the court was of the view the High Court did not err in fact or law, in exercising its discretion to grant an injunction against Petaling Jaya Utara member of parliament Tony Pua Kiam Wee for the reason that his (Pua’s) defence could not succeed in light of the evidence, especially on the AG’s decision.
“The fact that such findings were therefore, notorious also cannot, in all fairness, be entertained as a serious contention,” he said, adding that those facts to be judicially noted existed in Najib’s pleadings. He said once a fact was judicially noticed by the court, no proof was needed to be adduced to prove its existence.
Yaacob was one of three judges who presided on the Court of Appeal bench on Feb 14, this year that had decided in Pua’s appeal against the decision of a High Court in relation to a defamation lawsuit filed by Najib against him Pua. That bench had dismissed Pua’s appeal and upheld the High Court’s decision in granting Najib an interim inter-parte injunction against Pua over an alleged defamatory video clip relating to the tabling of a Private Member’s Bill to amend the Syariah Courts (Criminal Jurisdiction) Act 1965 or RUU355. In his judgment, Yaacob said Section 56 of the Evidence Act 1950 provided a legislative window through which the court may decide to judicially take notice of a fact or matter, for which no further proof needed to be adduced to establish its existence. Yaacob also said the AG’s decision was within the framework of the Federal Constitution.
He said Najib had succeeded in discharging the burden required of him in order to be granted the interim injunction against Pua, pending the disposal of his defamation suit against Pua.
“We are in full agreement with the submission of the learned counsel for the plaintiff (Najib) that the whole issue of 1MDB has been scrutinised and investigated by the Public Accounts Committee (PAC) appointed by Parliament,” he added.
He said investigations were also carried out by MACC, Royal Malaysia Police, Bank Negara and the Attorney-General’s Chambers (AGC), the result of which had been disclosed to the public by the AGC that Najib had done no wrong in relation to the 1MDB allegation. Yaacob said Pua’s allegation on the issue of collusion between Najib, Barisan Nasional and PAS in RUU355 was merely an assumption and that it was entirely within the sole power and discretion of the Dewan Rakyat Speaker to regulate on the acceptance and business of the House whether to allow or not, any private member’s bill.
He said upon examination of Pua’s defence, it was manifestly clear that he was not the maker of the documents and those documents were hearsay evidence that were not within Pua’s personal knowledge.
Najib sued Pua in his personal capacity, alleging that the latter had made defamatory statements against him on live video relating to the tabling RUU355.
The Prime Minister claimed the video clip uploaded by Pua or his agents on his official Facebook site, lasting two minutes and 21 seconds and entitled ‘BN Govt abandons all Bills to give precedence to PAS RUU355 Private Member’s Bill’ could be accessed widely and freely on the internet.
On April 21, last year the High Court allowed Najib’s application for an ex-parte injunction to restrain Pua from further publishing similar or the same words and on Aug 4, last year, the Prime Minister was also granted an inter-parte interim injunction by the High Court. –BERNAMA
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Attorney General Tan Sri Apandi Mohamed Ali pronounced of monies deposited into Prime Minister Najib’s account between 22 March 2013 and 10 April 2013 amounting to USD690 miilion are personal donations from member of the ruling Kingdom of Saudi family without expecting anything in return.
AG Apandi also is satisfied with the three investigations carried out, which include MACC which was submitted to him on 31 December 2015, that there is no evidence that Prime Minister Najib is involved with any acts of crime.
Hence, Prime Minister Najib is cleared from any unsubstantiated allegations.
Even when Parliamentary Public Accounts Committee convened on the 1MDB, Prime Minister Najib was cleared from any wrongdoings. This was attested by PAC member DAP MP for Keeping Dr Tang Sent Giaw.
“It was a case of too huge of borrowings and not enough capital. And the proposal to do IPO did not materialise for specific reasons”.
Pakatan Harapan Chairman Tun Dr. Mahathir Mohamad and almost all Opposition leaders have been openly harping and hyping for the past three years that Prime Minister Najib was right in the ring of white collar criminals “Who pillaged and plundered 1MDB”.
They even fine tuned their lies by dubbing Prime Minister Najib’s administration as “Kleptocratic Government”.
On 30 August 2017, Court of Appeal decided that Dr. Mahathir’s and two others’ suit of tort of misfeasance (An action against the holder of a public office, alleging in essence that the office-holder has misused or abused their power).
Bernama story:
Appeals court dismisses Dr Mahathir, 2 others’ bid against Najib
Posted on 30 August 2017 – 04:59pm
Last updated on 30 August 2017 – 06:52pm
Former prime minister Tun Dr Mahathir Mohamad. — Sunpix by Asyraf Rasid
PUTRAJAYA: Tun Dr Mahathir Mohamad and two others today lost their bid in the Court of Appeal to pursue their case against Prime Minister Datuk Seri Najib Abdul Razak for tort of misfeasance in public office pertaining to 1Malaysia Development Berhad (1MDB).
The former prime minister aged 90, former Batu Kawan Umno vice chief Datuk Seri Khairuddin Abu Hassan, 54, and former Langkawi Wanita Umno member Anina Saadudin, 41, had appealed against the High Court’s decision to strike out their suit against Najib.
They sued Najib on March 23, 2016, and the prime minister subsequently filed an application on April 19 to strike it out.
On April 28, 2017, the High Court allowed Najib’s application to strike out the suit, ruling that the prime minister was not a public officer but a member of the administration.
Today, a three-man bench led by Court of Appeal Judge Tan Sri Idrus Harun unanimously decided that Dr Mahathir, Khairuddin, and Anina’s appeal had no merit, and affirmed the high court’s decision.
The panel also awarded RM30,000 costs to Najib.
“We agree with the submission of counsel for the respondent (Najib) and we are satisfied that there are no merits in the appeal and therefore we dismiss the appeal,” said Idrus who sat with Datuk Vernon Ong Lam Kiat and Datuk Abdul Rahman Sebli.
Earlier, counsel Mohamed Haniff Khatri Abdulla who represented the appellants submitted that there were serious issues to be tried on the cause of action of breach fiduciaries in public office by the respondent and that the ingredients of the tort of misfeasance had been fulfilled.
“The appellants are fit and proper parties to bring and maintain this action against the respondent and this is not a fit and proper case to be summarily struck out,” he said.
He also argued that the high court judge had erroneously applied the wrong principles of law in defining the terms “public office” and “public officer”, and failed to consider the appellants’ claim.
Najib’s counsel Tan Sri Cecil Abraham countered that as the appellants’ claim was over tort of misfeasance in public office, they should have proved that the respondent was a public officer.
He contended that the prime minister was not a public officer but a member of the administration as defined in the Federal Constitution.
“It is clear that the respondent (Prime Minister or Minister of Finance) does not fall within the definition of ‘public officer’ to satisfy the ingredient of tort of misfeasance in public office,” he stressed. — Bernama
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Yet despite of all these cases against Dr. Mahathir and almost all Opposition Leaders on the lies about Prime Minister Najib’s involvement with “pillaging and plundering of 1MDB’s wealth” and “Practice of Kleptocractic Government”, it never slowed down but instead heightened up.
IN the various episode of Dr Mahathir’s agents roving around together with mercenary political assassins writer Clare Newcastle-Brown the part facts but mostly make believe concocted information and lies, gone to various foreign media to perpetuate the fallacy of “Kleptocracy practices”.
The agents believed to be making the same reports against Dr Mahathir and those allegedly been involved with the “Pillaging and plundering wealth belomging to a form wholly owned by the Federal Government of Malaysia”, authorities and law enforcement agencies in Singapore. Hong Kong, Switzerland and United States.
Slightly over 18 months ago, US Attorney General Loretta Lynch made a shocking announcement that the Depart of Justice and other departments are taking initiatives “To recover RM6.5 billion money laundered from the 1MDB and their associates misappropriated from the monies raised through bonds”.
Nothing happened throughout the year.
Yet. on the exact date a year later, another US Attorney General related the shocking announcement “For actions to be taken”.
Till present day, no individuals or firms have ever been brought forth being charged in any criminal courts anywhere for anything.
The lies and falsehood have been perpetuated and spiralled into proportions of disbelief. A lot of strength for some Malaysians to buy into this lemon is because of being naive to put their trust on Dr. Mahathir, regardless.
In Dr. Mahathir’s obsession and madness to topple Prime Minister Najib, he broke every single rule and taboo which include instigation and inciting with the seditious tone. The contentious and seditious Dr Mahathir is even reflected to be at the displeasure of several HRH Malay Rulers and His Majesty Seri Paduka Yang DiPertuan Agong XV.
Never before any Malaysian politician nor Statesman ever been according which such feeling of displeasure as a persona non grata by so many Malay Rulers.
However, the power of Neo Con Jewish controlled media, these propestorous allegations against Prime Minister Najib have been kept alive quite so often, as part of the basis for Opposition Leaders’ ‘Sowing of hatred strategy’ to unseat the Barisan Nasional.
The Liars’ Lair is bit by bit coming to the end and they have never quite proven themselves anywhere on any point. Especially, in ny court of law.
The "thirteen million plus Ringgit" guy rambles.... 
Mahathir’s Mal-misfeasance
Pakatan Harapan Chairman Tun Dr Mahathir Mohamad failed again to get Prime Minister Dato’ Sri Mohd. Najib Tun Razak be declared as a ‘Public Officer’, in the former’s suit against latter pertaining to the 1MDB financial woes.
The Star story:
This marks another compounded failure for Dr Mahathir to topple Prime Minister Najib, since openly attack his anointed successor and first born of his idol exactly three years ago.
He tried everything there is but armed struggle, to meet objective.
Dr Mahathir started his open attacks, public speeches, consorting and conspiring with senior law enforcement, New Con Jewish funded foreign bloggers’ lies, instigating the public, delegates to UMNO Assembly in 2015, Parliament. HRH Rulers and even rubbishing the nation abroad.
He even forged a relationship with his arch-nemesis for half a decade, Lim Kit Siang and the Chinese Chauvinists of DAP.
Dr Mahathir abused his stature as a Statesman and sow hatred against Prime Minister Najib and his administration, as the strategy to unseat the man he picked to be the MB for Pahang at the age of twenty nine.
Finally, he used the courts. Obviously, he had no case since High Court, Court of Appeal and now at Federal Court, a unanimous rule against his feat.
Till present date, Prime Minister Najib prevailed.
Dr. Mahathir’s reaction to the Federal Court ruling is quite average and consistent of him. He blamed the Judges!
Free Malaysia Today story:
Perhaps it is the best signal that Dr Mahathir resort to sought guidance if not salvation for an authority higher than the Federal Court. Continuous failure is a heavenly message to not do it in the first place and sought forgiveness, especially for the lies and slander.
After all, the Holy scriptures sternly forbid the mischief of tell-tale and slander as a ‘Great Sin’, which is worse than cold blood murder.
God help us all.
- Commentary
on February 27, 2018 at 23:00 Leave a Comment