Chin ( left), Jaapar (second right) and Azman (right) after the hearing.
KOTA KINABALU: The High Court here yesterday dismissed with costs a suit filed by two members of a political party, United Malays National Organisation (Umno) for their rights and privileges as party members to be reinstated, after being treated as ‘dead’ by the party.
Henry Jamry Yakim, 55 and wife, Jennifer Mongikal, 48, named Prime Minister Datuk Seri Najib Razak and also Umno president as first defendant; Umno secretary-general Datuk Seri Tengku Adnan Tengku Mansor as second defendant; Kota Marudu Umno division chief Datuk Wetrom Bahanda @ Mohd Fikri and the division’s secretary Emran Maidin, as third and fourth defendants, respectively.
According to counsel Chin Tek Ming, acting for the first and second defendants, High Court Justice Chew Soo Ho had held that the defendants could not be sued within a personal capacity.
Chin also remarked that the court had found a cause of action with regard to the claims made by the plaintiffs. However it is ousted with a clause under Section 18C of the Societies Act 1966.
The clause holds that no court shall have jurisdiction to entertain any suit, application, question or proceeding on any grounds regarding the validity of a decision made by a political party.
Counsel Azman Karim, for both the plaintiffs, added that the court also held that his clients should have exhausted all internal avenues regarding their dissatisfaction.
The suit was first filed on Nov 27, 2013 and an application to strike out the suit was filed on Jan 6, by the defendants. Counsel Jaafar Estaban acted for the third and fourth defendants.
In the statement of claims, the duo were called by the National Registration Department of Kudat sometime in August 2013, as the Umno headquarters needed confirmation on whether or not both had passed away.
The query prompted the first plaintiff to make a search with the Umno headquarters, and to his shock, had found that the party records had listed him and the second plaintiff as having passed away on Sept, 2013.
Due to this, both plaintiffs were barred from exercising their voting rights in the Umno Divisional Election that happened in October, 2013.
They claim to have faced serious embarrassment and humiliation, in addition to facing serious hardships for being unable to partake in Umno activities as members who were being treated as dead.
They are demanding explanations from the first to fourth defendants on why they were never consulted or why no efforts were made to clarify the matter with them before the records of their status came into being.
They claimed that the records had been falsified to prevent them from participating in the proceedings and activities of the Kota Marudu Umno Division.
Apart from rectifying their status in the party’s records, Henry and Jennifer also wanted the defendants to issue an apology and a statement that the party’s records on their status were incorrect, for national and local newspapers.
They had sought RM10 million in exemplary damages and another RM10 million in aggravated damages as well as for their rights, interests and privileges as Umno members restored.