KUALA LUMPUR: Former attorney-general (AG) Tommy Thomas has denied that his move to strike out Najib Razak’s 1MDB malicious prosecution suit was an attempt to prevent his “wrongdoings” being aired in court.
He said that the former prime minister, who is currently standing trial for 1MDB-related charges, has “no legally sustainable claim under local laws”.
“The averment that I formed an opinion about his guilt before assuming the AG’s office is untrue.
“My conduct before my appointment is not relevant to the exercise of my discretion as the public prosecutor,” he said in his affidavit in reply.
Najib, in objecting to the move by Thomas and the government to strike out the lawsuit, had alleged the former AG wanted to prevent the “wrongdoings” from being disclosed in the open.
He sued Thomas and the government last year, claiming that the 1MDB-related charges against him were “part of a long-planned, premeditated exercise”.
He also claimed that Thomas had prejudged his cases before making a decision to charge him, and also interfered in the investigations.
Najib is seeking RM1.94 million in damages.
Thomas previously claimed that Najib filed the suit for political reasons, adding that it was for use in the campaign leading up to the 2021 Melaka elections and the next general election.
On Najib’s contention that he was not informed about investigations into former Bank Negara Malaysia governor Zeti Akhtar Aziz’s family members purportedly receiving 1MDB funds, Thomas said he knew about the ongoing probe but it was not concluded during his time as AG.
“There had been no recommendations by investigating authorities or IPs (investigation papers) submitted to my office on recommending charges against them.
“In any event, whether Zeti or (her husband) Tawfiq Ayman were being investigated or could be charged during my tenure as AG are irrelevant to his (Najib) ongoing charges.
“Another party’s purported guilty conduct does not absolve his own guilt,” he added.
Meanwhile, deputy public prosecutor Ahmad Akram Gharib also filed a supporting affidavit to strike out Najib’s lawsuit.
He said the civil case is a “collateral attack” against the ongoing 1MDB criminal case in court. Akram was part of the 1MDB prosecution team.
Akram also made reference to Najib’s contention on investigations into Zeti’s family.
“This matter should be raised in the criminal proceeding,” he added. - FMT
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