PUTRAJAYA – The Court of Appeal today dismissed Datuk Seri Najib Razak’s appeal to attend the proceedings in 1Malaysia Development Berhad (1MDB) US$681 million (about RM3.2 billion) lawsuit which was filed against him and several other individuals.
A three-man bench comprising Justices Datuk P. Ravinthran, Datuk Seri Mariana Yahya and Datuk Lim Chong Fong held that the proceedings that the former prime minister wanted to attend were confined to the hearing of a Mareva injunction at the High Court, which had been concluded on September 27, this year.
In delivering the court’s decision online, Justice Ravinthran said the Mareva injunction matter is now pending appeal at the Court of Appeal.
He said the court agreed with counsel Siva Kumar Kanagasabai representing 1MDB and four subsidiaries, that any decision made in this appeal would be rendered academic.
“There is nothing to preclude the appellant (Najib) to file another application (for him to attend the hearing of his appeal in the Court of Appeal),” he said in dismissing Najib’s appeal with no order to cost.
On some observation made by the High Court judge in his written judgement which the appellant criticised, Justice Ravinthran said it was the court’s view that the matter can be addressed in the future application in the Court of Appeal.
On November 10 last year, High Court Judge Atan Mustafa Yusoff Ahmad dismissed Najib’s application to attend the proceedings. The former Pekan MP is currently serving a 12-year sentence in Kajang Prison.
1MDB and its four subsidiaries 1MDB Energy Holdings Limited, 1MDB Energy Limited, 1MDB Energy (Langat) Limited and Global Diversified filed the suit against Najib, Terrence Geh Choh Heng (former 1MDB finance director), Jasmine Loo Ai Swan (former 1MDB counsel), Casey Tang Keng Chee (former 1MDB executive director), Vincent Beng, Radhi Mohamad (former chief financial officer and subsequently chief operating officer).
On September 27 this year, the High Court dismissed Najib’s application to lift the Mareva injunction to restrain him from dissipating his assets worth US$681 million.
Last year, the companies obtained an injunction against Najib or his agents, freezing his assets in relation to its claim of US$681 million against him (Najib) before the determination of the civil suit. He has filed an appeal to the Court of Appeal.
The injunction also limits Najib to withdrawing no more than RM100,000 per month for living and legal expenses. If more is required, he needs to get written permission from the lawyers of 1MDB and Global Diversified.
A Mareva injunction is an order preventing someone from disposing of property pending the outcome or completion of a legal action. – November 24, 2023