Najib misfeasance suit – court to hear review application

The review application by Prime Minister Dr Mahathir Mohamad and Citizens Declaration coordinator Khairuddin Abu Hassan on whether former premier Najib Abdul Razak is a public servant or a public officer will be heard on April 23.

A seven-member Federal Court bench led by Chief Justice Richard Malanjum today agreed to a suggestion by Mahathir and Khairuddin's lawyer, Mohd Haniff Khatri Abdulla, that the matter should be heard after Damansara MP Tony Pua's appeal on another similar issue.

The review application has to be decided before the parties can proceed with their misfeasance in public office suit against the ex-prime minister for alleged transgressions in office.

Haniff suggested that since Pua was granted leave last November and since the DAP national publicity secretary's appeal is fixed for April 23, the review can be fixed after that case on the same day.

Najib's lawyer Mohd Hafarizam Harun told the court that his client considered the matter academic following an apex court decision on the case, but will take the matter up on April 23.

Initially, the seven-member bench, that also included Court of Appeal president Ahmad Maarop, Chief Judge of Malaya Zaharah Ibrahim, Chief Judge of Sabah and Sarawak David Wong Dak Wah and Federal Court judges Ramly Ali, Alizatul Khair Othman Said and Rohana Yusof, had fixed today to hear the review.

Justice Malanjum noted that by consent, both parties will defer the case to April 23.

Haniff (below) later told reporters that his instructions were to proceed with the review application as this was a civil matter and the 42 charges facing the former premier were criminal in nature.

"This also involves the issue of Khairuddin who was detained under the Security Offences (Special Measures) Act 2012 before the suit was filed and he wants damages, while at the same time Mahathir was removed as Petronas chairperson following his outspokenness against Najib, although Tun is not interested in damages," he said.

"Most importantly, it revolves around the definition of a public servant or public officer, which we feel includes the prime minister and cabinet ministers... (and the definition) should be corrected and not be bound by past interpretations," he said.

Decision upheld

It was previously reported that Mahathir, Khairuddin and former Umno Wanita member Anina Saadudin had filed a misfeasance in public office suit against Najib in 2017 following the problems facing sovereign wealth fund 1MDB.

The suit was struck out by the High Court when Justice Abu Bakar Jais ruled that Najib was not a public officer and hence no misfeasance action could be taken against him.

The decision was upheld by the Court of Appeal and when brought to the apex court on Feb 27 last year, then chief justice Mohd Raus Sharif upheld the decision and agreed with the interpretation of the High Court and Court of Appeal that Najib was not a public officer.

This resulted in the review application by Mahathir and Kharuddin.

Meanwhile, the Federal Court had on Nov 5 last year granted leave to Pua who also fileda misfeasance in public office suit in relation to 1MDB for which an appeal had been fixed for April 23. - Mkini