“He has no locus standi to compel the bank to disclose details of the accounts,” said the prime minister, adding that his lawyers would make a submission during a hearing.
In court documents sighted by FMT, the prime minister added that Section 145 of the Islamic Financial Services Act gave Zaid no right to have access to the accounts.
Similarly, Najib said, Zaid had no authority to get details of the bank accounts under the Bankers Book (Evidence) Act 1949 (BBEA).
Last week Najib filed the action to annul Zaid’s discovery application, and the matter came up for case management today before Kuala Lumpur High Court deputy registrar Nurul Ain Hamzah.
In November last year, Zaid applied for a court order to compel the bank to furnish him information related to five bank accounts under the BBEA.
He said he needed this information in support of his main suit filed in August (last year) to recover US$731 million and RM42 million banked into the prime minister’s accounts.
On July 28, judicial commissioner Rohani Ismail allowed Najib’s application to be made intervener, agreeing that the prime minister had sufficient interest and should be heard.
Najib said Zaid’s discovery bid was frivolous, vexatious and without reasonable cause, and that an application to strike out the main suit had also been made.
The prime minister’s lawyer Nor Hazira Abu Haiyan told reporters today the next case management would be on Nov 3 before Rohani.
“The court has directed Zaid to reply to my client’s application to strike out the discovery order by Sept 28 and, if need be, Najib can respond by Oct 6,” she said.
Nor Hazira said the case management for the main suit would be held before Rohani on Oct 3.
Zaid, who is currently a DAP member, had named Najib, his stepson Riza Aziz, 1MDB, and the Malaysian government in the suit.