Pua files 'misfeasance in public office' suit against PM

DAP lawmaker Tony Pua has filed a misfeasance in public office suit against Prime Minister Najib Abdul Razak and the government in relation to 1MDB.

The application was filed with the High Court in Kuala Lumpur yesterday by the firm Messrs Thomas Philip, and a copy was sighted by Malaysiakini today.

Pua, who is also DAP national publicity secretary, is seeking a declaration that Najib had committed misfeasance in public office. He is also seeking another declaration that the defendant abused his public office to personally benefit from 1MDB funds.

It is understood that this case is fixed for mention on Feb 16.

Following this, he is seeking general, aggravated and exemplary damages to be assessed by the court.

The statement of claim to the suit is 110 pages, which among others, detailed the various transactions that took place in 1MDB in relation to the issuance of the first and second bond and how a portion of it was purportedly transferred to Najib's accounts.

He cited three phases where the money was transferred into Najib's account in 2011, 2012 and 2013.

Pua in his statement of claim alleged that a few million US dollars was transferred from 1MDB to Good Star, a company linked to Jho Low, in 2011, who then transferred it to Prince Turki Abdullah who later transferred approximately US$20 million to Najib's account. This was done between February to June 2011.

It also quoted a parliamentary reply made by Najib to Pua in 2015, including a reply which Najib made on March 10, which was erroneous. The PJ Utara lawmaker also claimed that Najib failed to answer to his query in parliament sometime in March last year over who were the owners of Aabar-BVI.

The statement of claim also cited the actions taken by the Monetary Authority of Singapore to withdraw BSI Bank's merchant license.

Sometime between October and November 2012, Pua claimed a total of US$30 million was transferred from Blackstone's account to Najib. The funds obtained from Blackstone was initially obtained from Aabar BVI, who in turn got it from 1MDB as a result of the second bond exercise.

The PJ Utara MP further claimed that in 2012, Aabar BVI transferred US$280 million to Red Granite Pictures, a company owned by Riza Aziz, who is Najib's stepson.

It further cited the US$681 million that was transferred from Tanore's account to Najib's sometime in March 21 to March 25, 2013, just before the 13th general election. This was the third phase in payment.

Purported misfeasance

Pua, in providing details of Najib's purported misfeasance, claimed that Najib is a public official based on him being an MP for Pekan, PM, and then chairperson of the board of advisors of 1MDB.

As the PM, Finance Minister and chairperson to 1MDB Board of advisors, Pua alleged that Najib had a direct role in 1MDB to approve appointments and removals in the company.

He further claimed that Najib had recklessly used his influence and position to procure guarantees for 1MDB bonds and that he had maliciously approved associated companies to enter into various investment transactions and agreements.

Pua further claimed that Najib had led the unlawful misappropriation in 1MDB and had been providing misleading replies in Parliament regarding 1MDB.

Pua claimed that he suffered losses as a result of him being a taxpayer where he claimed that his tax monies would be used to clear various guarantees and assurances made by the government.

He further claimed that Najib's conduct had resulted in the devaluation of the ringgit resulting in the loss of his wealth. Following that, he is also seeking various reliefs.

Different from Mahathir and Zaid's actions

The DAP national publicity secretary when contacted contrasted his legal action with that filed by former premier Dr Mahathir Mohamad and former de-facto Law Minister Zaid Ibrahim.

“Dr Mahathir's action claims misfeasance and breach of fiduciaries for taking steps to obstruct, interfere, impede and derail investigations and inquiries into 1MDB.

“Zaid's action claims of breach of trust and restitution of misappropriated property of the Malaysian government. Mine is on misfeasance for using public office to misappropriate property for personal gain or that of cronies,” he said.

Pua described his legal action as probably the most complete set of allegations, evidence and documentation of misfeasance purportedly committed by Najib.

“It provides details of how exactly the money moved from 1MDB to be laundered to third parties including US$731 million deposited into his (Najib's) personal bank account.” 

He described his action as the last legal resort to sue Najib to seek justice on behalf of all Malaysians and hoped that “the guilty” will be punished.

“The attorney-general and other investigating agencies - the police and the Malaysian Anti-Corruption Commission have failed the people of Malaysia by refusing to take criminal action against parties involved in the multi-billion dollar scandal, including Najib,” he said.- Mkini