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:

Dr M, Khairuddin fail to get leave to appeal in suit against PM


  • NATION
  • Tuesday, 27 Feb 2018

PUTRAJAYA: Tun Dr Mahathir Mohamad and Datuk Seri Khairuddin Abu Hassan have failed to obtain leave to appeal their tort of misfeasance in public office lawsuit against Prime Minister Datuk Seri Najib Tun Razak pertaining to 1Malaysia Development Bhd (1MDB).

The 92-year-old former prime minister and the 55-year-old former Batu Kawan Umno vice-chief had sought leave to appeal after their suit against Najib was struck out by the High Court and the subsequent decision upheld by the Court of Appeal.

The three-man Federal Court bench comprising Chief Judge Tun Md Raus Sharif and Federal Court judges Datuk Sri Balia Yusof Wahi and Tan Sri Wira Aziah Ali unanimously dismissed their appeal and ordered them to pay RM20,000 in costs.

In his decision Tuesday (Feb 27), Justice Md Raus, who chaired the bench, said the Federal Court agreed with the interpretation made by the High Court and Court of Appeal that Najib was not a public officer.

“Thus, this is not a fit and proper case for leave to appeal to be granted under Section 96 of the Courts of Judicature Act 1964,” he said, adding that the court was of the view that the applicants, Dr Mahathir and Khairuddin, did not fulfil the requirements of Section 96.

Parties in civil cases must first obtain leave before they can pursue their appeal at the Federal Court.

Meanwhile, Justice Md Raus set April 16 to hear lawyer Mohamed Haniff Khatri Abdulla’s application to discharge himself from representing former Langkawi Wanita Umno member Anina Saadudin, 43.

Mohamed Haniff had sought to postpone the hearing, saying that he was unable to serve the application (to discharge himself from representing Anina) to her.

Justice Md Raus, however, rejected Mohamed Haniff’s application to postpone the hearing and another to recuse him from hearing the matter.

Dr Mahathir, Khairuddin and Anina sued Najib on March 23, 2016, accusing the Prime Minister of committing misfeasance in public office and acting in breach of his fiduciary duty over the management of sovereign investment fund 1MDB.

On April 28 last year, 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.

On Aug 30, last year, the Court of Appeal dismissed the appeal brought by Dr Mahathir, Khairuddin and Anina, prompting them to file an application for leave to appeal to the Federal Court.

During the proceedings, Mohamed Haniff submitted that there were constitutional questions involving the High Court and Court of Appeal’s interpretation in applying the Federal Constitution to interpret “public service”.

However, Najib’s counsel Tan Sri Cecil Abraham submitted that leave to appeal should not be granted because the law was settled on the issues raised by the applicants’ counsel.

He added that the applicants’ appeal would not have the prospect of success if the court were to grant leave. – Bernama

Read more at https://www.thestar.com.my/news/nation/2018/02/27/dr-m-khairuddin-fail-to-get-leave-to-appeal-in-suit-against-pm/#x16sJvdvMHBKr8kx.

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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:

Mahathir questions top judge hearing appeal against Najib

| February 27, 2018

He says he has doubts over legality of Chief Justice Raus Sharif’s ruling in dismissing lawsuit against Prime Minister Najib Razak.

Mahathir

KUALA LUMPUR: Dr Mahathir Mohamad questioned the legitimacy of the ruling by Chief Justice Raus Sharif today in dismissing the former prime minister’s appeal over a public misfeasance lawsuit against Prime Minister Najib Razak.

“He should not even be listening to this case today.

“I have my doubts about the legality of his decision in the case,” said Mahathir, referring to the decision by a three-man bench, chaired by Raus, in affirming the previous decisions by the Court of Appeal and High Court.

Mahathir3

The former prime minister did not attend the hearing at the apex court in Putrajaya this morning and gave his comments on the decision at the Kuala Lumpur High Court complex this afternoon after testifying in another case involving his son Mukhriz’s defamation suit against Tunku Abdul Aziz Tunku Ibrahim.

Mahathir said he was baffled over the Federal Court’s decision in affirming Najib is not a public officer.

“He is a public officer, otherwise he wouldn’t be where he is because whatever he does involves the government and the public,” he said.

Earlier today, Raus, in chairing the Federal Court panel, dismissed leave to appeal by Mahathir and 1MDB critic Khairuddin Abu Hassan against a High Court decision last year to strike out their suit against Najib for alleged abuse of power in office.

Mahathir’s lawyer Haniff Khatri Abdulla sought to recuse Raus from hearing the case today on the grounds there is another case against Raus by Mahathir that is pending at the Court of Appeal.

Mahathir had last year challenged the appointment of Raus, as chief justice, and Zulkefli Ahmad Makinuddin as Court of Appeal president through a judicial review application but the court refused to grant leave to initiate the challenge.

The top judge dismissed Haniff’s application to recuse himself and continued to hear the case.

In dismissing the appeal, Raus said Mahathir and Khairuddin, who are the appellants, failed to meet the threshold of Section 96 of the Courts of the Judicature Act in persuading the apex court to grant leave.

In the statement of claim filed in March 2016, Mahathir and two others said they were among the rightful parties to take action against Najib.

They traced the chronology of the 1MDB investigations dating back to March 2015, from the formation of a special task force, to then attorney-general Abdul Gani Patail’s sudden resignation, and the sacking of former deputy prime minister Muhyiddin Yassin.

They said Najib had continuously interfered with the due process of the law to ensure all the relevant authorities discontinued from carrying out and concluding the investigations into his alleged misconduct over the RM2.6 billion donation.

They wanted a declaration that Najib had committed the tort of misfeasance and breach of fiduciary duty in public office.

They also wanted Najib to return to the government the money found in his private bank accounts.

********************

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.

In Surah al-Baqarah it is mentioned that,

“…and mischief is more severe than slaughter.”(Surah al-Baqarah 2: 191)

and also,

“…and mischief is greater than slaughter.”(Surah al-Baqarah 2: 217)

• Evidently the tale-teller spreads mischief. In Surah al-Qalam Allah (S.w.T.) mentions the signs of disbelievers who become eligible for Hell in the words,

“going about in Slander.”(Surah al-Qalam 68: 11)

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God help us all.

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Published in: on February 27, 2018 at 23:00  Leave a Comment  

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