Lawyers pessimistic over Dr M's suit against Najib

While former prime minister Dr Mahathir Mohamad's lawsuit against his successor Najib Abdul Razak has caused a sensation, lawyers are pessimistic about the outcome of the suit.

Lawyer New Sin Yew said the suit will ultimately fail because Najib is not considered a public officer under the law.

“One element of the tort of misfeasance of public office is it must be shown that Najib is a public officer. He is not,” he told Malaysiakini in an e-mail yesterday.

He explained that the Interpretation Act of 1948 and 1967 defines public office as “an office in any of the public services”.

Article 132(3)(a) of the federal constitution defines 'public services' in a way that excludes any member of the administration of the federation or the state, which in turn means ministers, deputy ministers and other posts under Article 160 of the constitution.

“Najib is a minister, but ministers are not considered a public officer.

“Therefore, the suit will fail,” New said, when asked about the suit filed yesterday.

Mahathir, former Langkawi Wanita Umno member Anina Saadudin, and former Batu Kawan Umno division vice-chairperson Khairuddin Abu Hassan are plaintiffs in the suit.

In the suit, the sole defendant Najib is accused of breaching his fiduciary duty and misfeasance in public office, by compromising various investigations against him in relation to the 1MDB scandal.

Misfeasance is a legal term referring to actions that are legal but performed improperly.

Meanwhile, lawyer Andrew Khoo opined that proving sufficient locus standi would be an issue in the case.

Locus standi refers to whether a party has sufficient grounds to bring a case against another.

Khoo said the plaintiffs would have to show the court that they have been especially affected by Najib's alleged malfeasance compared to the general population, including other taxpayers and Umno members.

“So when the court considers the issue of locus standi, it would have to see what specific interests he has, as opposed to any other ordinary person (to decide) whether or not to allow his suit,” he said.

He said insufficient locus standi is often among the first objections raised by the defendants in cases against the government, especially Najib.

But Khoo added that the court should take on a more relaxed view of the concept in public interest litigation.

“It is a question for the court as to whether they want to be more liberal in interpreting the concept of locus standi (in public interest cases),” he told Malaysiakini last night. -Mkini