KANGAROO CALL OR NOT, MAHATHIR’S SUIT AGAINST NAJIB THROWN OUT: COURT DEEMS PM ‘NOT A PUBLIC OFFICER’
The suit has no cause for action as Najib as PM is not a public officer, rules judge Abu Bakar Jais.
The High Court in Kuala Lumpur today struck out the misfeasance in public office suit filed by former prime minister Dr Mahathir Mohamad and two others against Prime Minister Najib Abdul Razak.
Justice Abu Bakar Jais ruled that Najib, as the prime minister, is not a public officer and hence the suit has no cause for action.
The judge allowed the application to strike out the suit and ordered Mahathir, along with Khairuddin Abu Hassan and Anina Saadudin, to pay RM30,000 in costs
Mahathir’s lawyer Haniff Khatri Abdulla said they would appeal the decision.
This means that Mahathir and the others cannot sue Najib as he is not a public official or a public officer.
The judge made the ruling in chambers and decided to strike out the suit without hearing the merits of the application.
Justice Abu Bakar based his decision on the Federal Constitution and the Interpretations Act, under which the prime minister, ministers, deputy ministers and political secretaries are not considered public officials but as members of an administration.
Lawyers Cecil Abraham and Mohd HafarizamHarun appeared for Najib.
– M’kini
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