KUALA LUMPUR (May 8): Former Sarawak PKR chief Baru Bian has applied to strike out the party's suit against him for breach of a RM10 million bond when he left the party after winning an electoral seat in 2018 under a PKR ticket.
The former Selangau parliamentarian contends that the Kuala Lumpur High Court has no jurisdiction to hear the case, as the legal claim — if proven to be true — has its roots in Sarawak.
His application is in response to PKR's lawsuit, filed by its secretary general Datuk Dr Fuziah Salleh in February this year, against a slew of its former lawmakers who jumped ship during the "Sheraton Move" in February 2020, resulting in the fall of the Pakatan Harapan (PH) coalition government.
Baru Bian had served as works minister in the PH government.
In his supporting affidavit seen by The Edge, the 68-year-old lawyer contends that all relevant facts in the case pertaining to him transpired outside of Peninsular Malaysia.
Outlining some of these, he said that he is a resident of Sarawak; he executed the bond in Kuching in April 2018; he was in his constituency during nomination day for the 14th general elections; he was in Kuching on Feb 23, 2020, during the "Sheraton Move", which resulted in the fall of the PH-led government; and he was in Bario on Feb 24, 2020, when the party sacked him.
Therefore, he said the cause of action against him arose in Sarawak. According to the Federal Constitution, the High Court of Malaya and the High Court of Sabah and Sarawak are two separate courts of equal standing and oversee cases in their respective geographical jurisdiction.
In a reply affidavit also seen by The Edge, Fuziah argues that the KL High Court does have jurisdiction as the party is headquartered in Petaling Jaya, Selangor. Baru Bian's membership was processed at the headquarters, she said, adding that all membership records are also kept at the same venue.
Fuziah contends that the bond issue was discussed during a meeting, which was attended by Baru Bian, on April 17, 2018, at the headquarters.
"Under the bond, [Baru Bian]'s candidature was tied to the party's grant to him of the right to contest in the [14th general elections] under the party's name, logo, insignia and banner, [which] were granted through the party's central authority, in PJ," she said.
The matter is slated for case management on May 20 before High Court judge Roslan Mat Nor.
Baru Bian is represented by Messrs YH Teh & Quek, while Fuziah is represented by Messrs Nav & Co.
Besides Baru Bian, the party also named Datuk Kamarudin Jaffar (who was PKR MP for Bandar Tun Razak), Datuk Mansor Othman (who was PKR MP for Nibong Tebal), Datuk Mohd Rashid Hasnon (who was PKR MP for Batu Pahat), Datuk Seri Saifuddin Abdullah (who was PKR MP for Indera Mahkota), and Datuk Seri R Santhara Kumar (who was PKR MP for Segamat).
PKR has also filed a similar lawsuit against assemblypersons who defected.
The party had also filed a similar suit previously in October 2020 against Ampang MP Datuk Zuraida Kamaruddin.
The High Court ordered Zuraida to pay the RM10 million bond, but the Court of Appeal later reduced it to RM100,000. PKR has appealed the decision at the Federal Court.
Read also:
PKR sues defectors over Sheraton Move that toppled PH govt, except Azmin Ali
Federal Court rejects Zuraida’s bid to review bond reduction ruling challenge
COA partially allows Zuraida’s appeal, reducing payment of PKR bond from RM10m to only RM100k
Court allows PKR’s RM10 mil claim against former VP Zuraida for breach of bond