KUALA LUMPUR: The High Court on Monday (Aug 25) dismissed lawyer Mohamed Haniff Khatri Abdulla’s RM12.5mil claim against Bersatu and three others, ruling there was no contractual basis for payment.
Justice Datuk Akhtar Tahir held that Haniff’s legal services to Bersatu between 2016 and 2020 were rendered voluntarily and not pursuant to any fee agreement.
“This is evidence that when this party was formed, voluntary services were rendered by various parties, which included lawyers. One of the lawyers testified that there was no issue of payment for other services rendered,” he said.
The judge found that the plaintiff’s advisory role in the formation of Bersatu and related matters constituted a collective political effort undertaken for the broader benefit of Malaysians, rather than services rendered under a fee-based contract.
Akhtar noted that Mohamed Haniff did not raise any claim for payment or issue any billing during the material period, with the first invoice only submitted in January 2021, almost a year after Bersatu’s exit from the Pakatan Harapan coalition.
“This supports the defendants’ version that there was no agreement to pay for the services. The bill came much later. The defendants did not act on it because there was no such arrangement.
“The court found that the plaintiff had rendered his services legal or otherwise on a voluntary basis without any payment to be made for services rendered. As a result, this court dismisses the plaintiff’s claim with costs of RM150,000,” the judge said.
Mohamed Haniff commenced the action in July 2021, naming Bersatu, its president Tan Sri Muhyiddin Yassin, then secretary-general Datuk Seri Hamzah Zainudin, and treasurer Datuk Mohamed Salleh Bajuri as defendants.
He claimed that he had provided legal services to the party since its formation in 2016 under the leadership of former prime minister Tun Dr Mahathir Mohamad.
The plaintiff further contended that, prior to the 14th General Election, he represented Bersatu in proceedings involving allegations of kleptocracy, corruption, and abuse of power against then prime minister Datuk Seri Najib Razak and his administration.
Mohamed Haniff also asserted that he had provided legal advice and assistance in drafting Bersatu’s constitution and official correspondence, as well as facilitating the formation of its pro tem committee and addressing a registration challenge by the Registrar of Societies during Najib’s premiership.
He stated that he continued to advise Bersatu periodically until February 2020, when the Pakatan administration collapsed following the ‘Sheraton Move’.
The plaintiff claimed that on Jan 11, 2021, he issued an invoice to Bersatu for legal services rendered between 2016 and Feb 23, 2020, which was acknowledged by the party but went unanswered.
In their defence, Bersatu and the named office-bearers contended that no agreement for payment existed, asserting that all services were voluntary and provided in the capacity of legal adviser to former chairman Dr Mahathir.
When met after the proceedings, Mohamed Haniff indicated his intention to appeal to the Court of Appeal soon. – Bernama
