In their statement of claim, the trio said that they are among the rightful parties to take the action against the Prime Minister.
They also stated the chronology dated back to March 2015 on the 1MDB investigations, the formation of a special Task Force, to then Attorney General (AG) Abdul Gani Patail’s dismissal, and former Deputy Prime Minister Muhyiddin Yassin’s sacking. Muhyiddin was also denied the right to speak during last year Umno Annual General Assembly.
“We say that the chronology of facts leads to the irresistible and undeniable conclusion on the manner in which Najib has continuously interfered with the due process of the law in order to ensure that all the relevant authorities could not continue to carry out, and conclude the necessary investigations pertaining to his alleged misconduct over RM2.6 billion donation and RM42 million from SRC International,” the statement said.
They added they were directly affected by Najib actions. “Mahathir had attended Bersih 4, where he made a statement criticizing Najib. He was thus under police investigation for criminal defamation.”
“He has also been in the spotlight by the police for his blog post on current Attorney-General Mohd Apandi Ali,” their statement said.
For Khairuddin, he has been making police reports in Europe and Asia on 1MDB allegations. He was charged with senior lawyer Matthias Chang for attempting to sabotage the country’s banking and financial system while in the case of Anina, she was sacked from Umno because she took legal action against Najib last year.
Their lawyer Haniff Khatri Abdulla filed the lawsuit today at the Kuala Lumpur High Court this morning. “The writ of summons will be served on the Prime Minister’s solicitors (Hafarizam Wan and Aisha Mubarak) by this week,” he said.
They are seeking a declaration that Najib had abused his official position as the country’s leader and Umno president by deliberately obstructing investigations on 1MDB, RM42 million from SRC International and the RM2.6 billion donation.
Besides that Mahathir, Khairuddin and Anina are also seeking a declaration that their constitutional rights were obstructed because Najib had been “punishing” them for merely exercising their rights to ask questions and seek answers to matters pertaining to 1MDB, the RM2.6 billion donation and RM42 million. The trio are also compelling Najib to pay the government the RM2.6 billion and RM42 million.
Khairuddin was charged last year with Chang, Mahathir’s former secretary, for attempting to sabotage the banking and financial services of Malaysia. They were said to have committed the “act” in various countries such as France, England, Switzerland, Hong Kong and Singapore between June 28 and August 26.
The prosecution attempted to try them under Sosma or Security Offences (Special Measures) 2012. On 18 November 2015 the High Court ruled that the attempting sabotage charge against them under Section 124L of the Penal Code did not fall under the constitutional ambit of Security Offences (Special Measures) 2012 or Sosma.
Anina had on August last year sued Najib and Umno Executive Secretary Rauf Jusoh, seeking that Najib return the RM2.6 billion “donation” that was deposited into his personal account. She claimed that he had breached the Umno Constitution, the provisions of the Societies Act 1966 and his common law duties as a trustee.
The suit was struck out by the High Court on December 31 last year. Anina then filed an appeal. Because of the lawsuit, she was also expelled from Umno. Her attempt to challenge her sacking has also failed.