Najib turns to Federal Court over RM1.9m suit against Thomas

 

Former premier Najib Abdul Razak has sought leave to appeal to the Federal Court over his RM1.9 million suit against former attorney-general Tommy Thomas, after the Court of Appeal dealt the case a setback in January.

In the motion filed last month, Najib’s defence team, Messrs Raj, Ong & Yudistra, posed three legal questions:

• Whether the tort of malicious process should be introduced as a cause of action under Malaysian law, and if so, what are the elements and scope of this cause of action?

• Whether an attorney-general, based on his conduct prior to charges being brought against an accused, conduct after such charges were brought, and conduct after the public officer (here the former attorney-general) left office, can amount (if proven) to the tort of malicious process?

• Whether the tort of misfeasance in public office, in particular regarding the actions of an attorney-general, which relate to his conduct prior to charges being brought against an accused, conduct after such charges were brought, and conduct after the public officer (here the former attorney-general) left office, is dependent on the outcome of the said criminal prosecutions?

Lawyer Yudistra Darma Dorai told Free Malaysia Today that the leave application would be heard on July 30.

“It concerns my client’s allegations on the actions, conduct, and omissions of the former AG, pertaining to Najib, prior to Thomas (above, left) becoming the AG, during his tenure, and after,” he said.

On Jan 13, the Court of Appeal dismissed Najib’s appeal to reinstate the suit against Thomas.

In its judgment, a three-member bench led by P Ravinthran said while the court disagreed with the High Court’s earlier finding that an attorney-general has immunity against a civil suit, it was correct in finding that Najib’s suit was premature.

The appellate court also ordered Najib to pay RM12,000 in costs to Thomas.

Najib’s lawsuit

In his civil suit filed in 2021, Najib alleged that Thomas had committed misfeasance in public office when prosecuting him over charges related to the 1MDB case.

Najib’s lawsuit against Thomas centres on the former finance minister’s alleged wrongful prosecution in four ongoing criminal cases: the RM2.28 billion 1MDB corruption case, the 1MDB audit report case, the RM6.6 billion International Petroleum Investment Company criminal breach of trust case, and the RM27 million SRC International money laundering case.

The former Pekan MP sought a declaration that Thomas had committed misfeasance in public office, as well as RM1.9 million in damages, including negotiation fees for the audit team to review documentation for the preparation of facts to deal with the prosecution against him.

However, the High Court struck out the suit on Nov 25, 2022. - Mkini