Former attorney-general Tommy Thomas and the government denied they are attempting to block a court hearing about alleged wrongdoings against Najib Abdul Razak.
The former prime minister is suing Thomas (above) and the Malaysian government over his alleged wrongful prosecution for several criminal cases.
Among the cases are the RM2.28 billion 1MDB corruption case and the RM6.64 billion International Petroleum Investment Corporation (IPIC) criminal breach of trust case.
In separate court filings sighted by Malaysiakini, Thomas (above) and the government reiterated that the former prime minister’s wrongful prosecution civil action has no basis under the law.
They also said it is an attempt to undermine the ongoing criminal case against the Pekan MP.
Through an affidavit filed at the Kuala Lumpur High Court on Feb 3, Thomas denied the allegation of trying to block a court hearing of Najib’s suit.
“The defendants filed the application to strike out Najib’s suit because, among other reasons stated in my first affidavit, that Najib has no valid claim in accordance with Malaysian law,” the former AG claimed.
Previously through his earlier affidavit in support of the striking-out bid, Thomas contended that Najib’s civil action was politically motivated due to last year’s Malacca state election, as well as the upcoming 15th general election.
Abuse of court process
Meanwhile, according to an affidavit affirmed by deputy public prosecutor Ahmad Akram Gharib on behalf of the government and filed on Feb 4, the prosecutor refuted Najib’s claim about the court-hearing blocking.
He argued that the civil action is an abuse of the court process.
“I verily believe and state that the plaintiff’s (Najib) suit is an abuse of court process done by the plaintiff for the purpose of a ‘collateral attack’ against the criminal charges commenced against the plaintiff and carried out through different jurisdiction (in the criminal court),” Akram contended.
Under the law, a collateral attack is a legal action that seeks to attack proceedings in a separate court case.
On Oct 22 last year, Najib’s legal team filed a suit against Thomas and the government over the former prime minister’s alleged wrongful prosecution for several criminal cases.
The plaintiff contended that Thomas had committed misfeasance in public office, malicious process, and negligence.
The former premier claimed the government is vicariously liable for the alleged acts done by Thomas.
Najib stated that Thomas’ alleged acts were in relation to criminal charges levelled against the former in relation to the 1MDB case, the IPIC case, two cases of alleged abuse of power, and money laundering under the MACC Act 2009 - known as the four cases.
The former finance minister, however, stated that it does not involve charges in relation to SRC International Sdn Bhd, a former 1MDB subsidiary that later became wholly owned by the Ministry of Finance Incorporated (MOF Inc).
Najib was convicted and sentenced over this case and currently has an appeal at the Federal Court.
Najib claimed that following the emergence of the Pakatan Harapan federal administration in 2018, he was hit with 35 criminal charges linked to the four cases.
He also claimed, among other allegations, that the charges against him had long been planned by Thomas and the then Harapan government.
The plaintiff is seeking, among other reliefs, a declaration that Thomas has committed misfeasance in public office, over RM1.9 million, as well as general and exemplary damages. - Mkini
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