PUTRAJAYA, Sept 1 — Umno has filed a notice of discontinuance of its appeal against the High Court’s decision which struck out its lawsuit over the recovery of RM116.7 million seized by the police in raids carried out at Pavilion Residences.

"We have been instructed by Umno to file a notice of discontinuance which we did on Monday on the basis that the said appeal would be deemed academic,” said lawyer Tania Scivetti in a WhatsApp message to Bernama.

She said the RM116.7 million case has already been dealt with, adding that it is the same subject matter as another case involving OBYU Holdings Sdn Bhd.

In the OBYU Holdings case, a sum of RM114 million seized from Pavilion Residences has been returned to former prime minister Datuk Seri Najib Razak and Umno following the government’s decision not to file an appeal against the High Court’s dismissal of its (government’s) application to forfeit the sum.

The RM114 million was seized during a police raid in a Pavilion luxury condominium unit owned by OBYU Holdings which was alleged to have been misappropriated from 1Malaysia Development Bhd (1MDB).

According to the court list, the appeal is scheduled before the Court of Appeal for tomorrow. However, the appeal has been taken out following the filing of the notice of discontinuance.

On March 21, 2019, the High Court allowed the Police and the Government of Malaysia to strike out the suit filed by Umno to demand for the return of RM116.7 million to the political party.

In its statement of claim, Umno, among others, sought a declaration that the raids and the impoundment carried out on May 17, 2018, at the premises on Tower B, Pavilion Residences, Jalan Raja Chulan, were wrongful in terms of the law.

The party named Bukit Aman Commercial Crime Investigation Department (CCID) deputy director (Intelligence/Operation) Datuk Mohd Sakri Arifin, CCID ACP R. Rajagopal, Datuk Seri Amar Singh Ishar Singh who was then Bukit Aman CCID director, the Inspector-General of Police and the Government of Malaysia, as defendants.

They also sought an order for the return of money amounting to RM43.3 million which was the difference in amount between RM160 million and RM116.7 million to Umno. — Bernama