KUALA LUMPUR: Former Langkawi Wanita Umno member Anina Saadudin (pic) has agreed to pay RM5,000 in costs after she discontinued her civil suit against Umno’s two office-bearers over a RM2.6bil “political donation” for the use and benefit of the party.
She had appealed over the striking out of her suit against Umno president Datuk Seri Najib Tun Razak and the party’s public officer Datuk Ab Rauf Yusoh by a High Court on Dec 31 last year.
On Monday, the defendant’s lead counsel Datuk Mohd Hafarizam Harun said Anina had filed a notice of discontinuance over her appeal this month.
“She has agreed to pay RM5,000 in costs. My clients had also consented to Anina’s discontinuance bid over her appeal,” said Mohd Hafarizam when contacted by The Star.
Anina’s lead counsel Mohamed Haniff Khatri Abdulla said his client had filed the notice of discontinuance on Sept 22 as she had joined Parti Pribumi Bersatu Malaysia.
“The suit to return money to Umno is no longer relevant as she is not a member of the party anymore.
“Anina has agreed to pay for the costs for the case preparation and to compensate over the work done,” he added.
Last December, Najib and Ab Rauf Yusoh had succeeded in their bid to struck out the suit.
In his ruling, High Court judge Justice Mohd Zaki Abdul Wahab said he found that the suit was “clearly and obviously not maintainable in law”.
Anina had claimed to have filed the civil action for the benefit of Umno and its members.
In elaborating, Justice Mohd Zaki had said that Anina had no legal standing to bring the civil action as she was not a public officer or office-bearer of the party to do so as stipulated under Section 9(c) of the Societies Act 1966.
Justice Mohd Zaki said Anina must continuously be a party member in order to be able to bring the derivative action.
Besides that, Justice Mohd Zaki said it involved internal matters of the party and ordered Anina to pay RM5,000 in costs to each defendant.
Anina had said she was a lawful member of the party when she filed the derivative action on Aug 28 last year.
Among others, Anina sued Najib, seeking the return of part of the RM2.6bil donation allegedly deposited into a Singapore bank account.
In asking for an account for all monies received by Najib in the form of donations, Anina claimed that the Prime Minister had breached the Umno Constitution, the provisions of the Societies Act 1966 and his common law duties as a trustee.
Besides that, Mohd Hafarizam also said a Court of Appeal had rescheduled another matter involving Najib and two top officials of PAS’ news organ Harakah to Dec 1 over a possible settlement over the Prime Minister’s libel suit against them.
Najib has submitted a proposal recently to settle his libel suit against both defendants.
He sued Harakah managing director and writer Dr Rosli Yaakop and Harakahdaily portal editor-in-chief Taufek Yahya over a defamatory article published on the portal in relation to 1Malaysia Development Bhd (1MDB) fund and his stepson Riza Aziz.