`


THERE IS NO GOD EXCEPT ALLAH
read:
MALAYSIA Tanah Tumpah Darahku

LOVE MALAYSIA!!!


 


Monday, February 20, 2017

Lawyers: Najib not a public officer, but member of the administration



Prime Minister Najib Abdul Razak is not a public officer or part of Malaysia's public services as he is a member of the administration, his lawyers told the Kuala Lumpur High Court today.
The lawyers are applying to strike out a suit of misfeasance in public office and breach of fiduciary duty by former premier Dr Mahathir Mohamad and two others against Najib in relation to 1MDB and his other actions.
The prime minister's lead counsel Cecil Abraham told this to Justice Abu Bakar Jais in chambers and cited Article 160 (2) of the federal constitution which stated that a member of the administration as defined under the Section 3 of the Interpretation Act is a person holding office as minister, deputy minister, parliamentary secretary or political secretary.
"This includes the prime minister and deputy prime minister who as ministers are considered members of the administration and not public officers," said lawyer Mohd Hafarizam Harun, who is also acting for Najib.
In contrast, Article 132 (1) of the Federal Constitution, Hafarizam said, defined public services as the armed forces, judicial and legal service, general public service of the federation, the police force, the public service of each state, the education service along with joint public services mentioned in Article 133.
Hafarizam said Cecil pointed out that Article 132 (3) of the Federal Constitution meanwhile stated that public service shall not be taken to comprise any member of the administration of the federation or any state.
"Following this, the suit filed by Mahathir for misfeasance in public office has not been fulfilled and not justified," he added.

He said public office as defined under the Interpretation Act, is an office in any of the public services while public officer is defined as a as a person lawfully holding, acting in or exercising the functions of a public service.
This is one of three grounds which Najib's lawyers are applying to strike out the suit.
Mahathir, along with former Batu Kawan Umno division leader Khairuddin Abu Hassan and former Wanita Umno member Anina Saadudin had filed the RM2.642 billion suit on March 23, last year, claiming that Najib acted in bad faith to undermine, or cause to compromise various respective institutions involved in probing the 1MDB scandal.- Mkini

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.