Najib withdraws wrongful prosecution suit against govt

 

Former premier Najib Abdul Razak has withdrawn his wrongful prosecution suit against the government of Malaysia.

In effect, this leaves former attorney-general Tommy Thomas as the sole defendant in the civil action by Najib (above), who was also former finance minister.

During open-court proceedings before the Kuala Lumpur High Court this morning, the plaintiff’s counsel Firoz Hussein Ahmad Jamaluddin informed that the civil suit has been withdrawn against the government.

“(The lawsuit against the) Second defendant has been discontinued,” the lawyer told judge Ahmad Bache.

When the judge asked Thomas’ legal team whether they have objections, the defendant’s counsel Alan Gomez said they have no objections as it was up to the plaintiff regarding the matter.

The civil court then proceeded to hear oral submissions from Gomez over Thomas’ bid to strike out Najib’s lawsuit.

According to a copy of the notice of discontinuance filed yesterday by lawyers from law firm Raj, Ong & Yudistra, Najib has withdrawn the lawsuit against the government without costs.

No reasons were given in the notice of discontinuance.

On Nov 19 last year, it was reported that Thomas and the government filed applications to strike out Najib’s lawsuit on the grounds that it was a collateral attack to derail the former prime minister’s criminal court cases.

Media reports quoted excerpts from deputy public prosecutor Ahmad Akram Gharib’s affidavit, which contended, among others, that the AG is empowered with discretion to initiate, conduct and discontinue prosecution, as per Article 145 of the Federal Constitution and Section 376(1) of the Criminal Procedure Code.

However, in a counter-affidavit later, Najib claimed that the striking-out bid is an attempt to block the court from hearing about the alleged wrongdoings perpetrated against him.

Previously, in an affidavit in support of the striking-out application, Thomas claimed that Najib’s suit was politically motivated due to the lead-up to the Malacca state election as well as the forthcoming 15th general election.

Former attorney-general Tommy Thomas

Thomas had also contended that as the then attorney-general and public prosecutor, his discretion to institute or discontinue criminal proceedings is non-justiciable, or not a matter that can be challenged in court, courtesy of Article 145 (3) of the Federal Constitution.

On Oct 22 last year, Najib’s legal team filed the lawsuit against Thomas and the government over the former prime minister’s alleged wrongful prosecution of several criminal cases.

The plaintiff contended that Thomas had committed misfeasance in public office, malicious process, and negligence.

The former prime minister claimed that the government is vicariously liable for Thomas’ alleged acts.

Four cases

Najib stated that Thomas’ alleged acts were in relation to criminal charges levelled against the former in relation to the 1MDB case, the International Petroleum Investment Company (IPIC) case, two cases of alleged abuse of power and money laundering under the MACC Act 2009 (collectively 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).

At present, Najib is currently serving a 12-year jail sentence after the Federal Court upheld his conviction on power abuse, criminal breach of trust, and money laundering involving RM42 million in the SRC case.

He claimed that following the emergence of the then Dr Mahathir Mohamad-led Pakatan Harapan administration after the 14th general election in 2018, he was hit with 35 criminal charges linked to the four cases.

Najib 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, more than RM1.9 million, as well as general and exemplary damages.

Thomas was represented by lawyers from his own firm. - Mkini