Pakatan Harapan is attempting to put an end to Najib Razak’s political career by declaring him a bankrupt due to his failure to pay taxes, lawyer Mohammad Shafee Abdullah told the high court today.
The government, through the Inland Revenue Board (IRB), filed the suit against Najib on June 25, seeking RM1.69 billion in unpaid taxes between 2011 and 2017.
“Once my client is labelled bankrupt, he will be out of the political arena,” Shafee said in his submission to stay the suit.
The lawyer told the court that Najib, who is called ‘Bossku’ by his supporters, has been instrumental in Barisan Nasional’s five consecutive by-election victories including the most recent in Kimanis.
Article 48 of the federal constitution states that a member of parliament or assemblyman can be disqualified if he or she is declared bankrupt.
Najib is the MP for Pekan in Pahang, a seat he has held since 1976.
Shafee said Najib’s case was exceptional because he would be out of options once the IRB obtained a summary judgment from the court, but said the proceedings to obtain the judgment should only be started after his client’s SRC International and 1MDB trials were over.
“The money that is sought by the IRB is a subject matter of the ongoing criminal trials.
“Najib could not pay the tax because he did not have the resources,” Shafee was quoted as saying by news portal Free Malaysia Today.
On August 8, 2019, Najib filed an application to stay the proceedings of the IRB suit, pending his tax reassessment appeal.
Najib argued that his taxes should be reassessed because part of the taxes owed were derived from donations.
Lawyer D.P. Naban, who is appearing for the IRB said Najib’s stay application is premature and said if the court granted the stay now, it could not even hear the summary judgment proceedings.
Naban added that IRB might not necessarily need to declare Najib bankrupt.
“We could go for an order for sale, institute a garnishing order or get a writ of seizure and sale,” he said.
Judge Ahmad Bache will deliver his ruling on February 28. – January 24, 2020.
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