Ba’kelalan assemblyman Baru Bian files to strike out PKR’s RM10 million bond lawsuit, citing lack of jurisdiction as the case arose in Sarawak.
KUALA LUMPUR: Ba’kelalan Assemblyman Baru Bian has filed an application to strike out a lawsuit brought against him by Parti Keadilan Rakyat (PKR), which is seeking RM10 million in damages over an alleged breach of bond conditions after he left the party following the 14th General Election (GE14) in 2018.
The notice was filed through Messrs YH Teh & Quek on April 6 on the grounds that the High Court of Malaya in Peninsular Malaysia does not have jurisdiction to hear the case because the cause of action arose in Sarawak.
The court has fixed May 20 for case management before High Court judge Roslan Mat Nor.
In his application, Baru Bian, who is also a former Member of Parliament (MP) for Selangau, said he signed the bond in Kuching on April 25, 2018 and that his involvement with PKR was solely centred in Sarawak.
“The plaintiff’s actions against me, even if proven true, do not arise in Peninsular Malaysia. The claim arises in Sarawak,” he stated in the application.
Baru Bian is among 16 former MPs and assemblymen being sued by PKR secretary-general Datuk Dr Fuziah Salleh on behalf of the party for allegedly breaching the terms of a RM10 million bond signed with PKR.
Others named as defendants are Datuk Kamarudin Jaffar, Datuk Mansor Othman, Datuk Mohd Rashid Hasnon, Datuk Seri Saifuddin Abdullah and Datuk Seri R. Santhara Kumar.
Also named are Abdul Yunus Jamhari, Datuk Azman Nasrudin, Dr Afif Bahardin, Chong Fat Full, Daroyah Alwi, Haniza Mohamed Talha, Muhammad Hilman Idham, Muhammad Jailani Khamis, Robert Ling Kui Ee and Zulkifli Ibrahim.
In separate suits filed on Feb 19 and 27, PKR claimed that under the operative clause of the bond, each defendant had agreed to pay RM10 million to the party within seven days of triggering events such as resigning from the party, joining another political party or becoming an independent elected representative.
The plaintiff said it had nominated each defendant as a candidate in GE14, where they successfully won parliamentary and state seats, contributing to the formation of the federal government and several state governments.
However, on Feb 24, 2020, each defendant ceased to be a party member after being elected under the party banner. They also expressed support for political coalitions other than PKR,” the party stated in its statement of claim.
PKR further stated that on March 11, 2020, the party decided to terminate the membership of each defendant with immediate effect.
Certificates dated March 16, 2020, were subsequently issued confirming the termination of their memberships, along with demands for payment of the RM10 million bond, which the defendants allegedly failed to settle.
