KUALA LUMPUR: Datuk Seri Najib Razak's suit against former Attorney-General (AG) Tan Sri Tommy Thomas constituted a collateral attack on the prosecution of all criminal charges against the former, the High Court ruled.
Judge Datuk Ahmad Bache said the jailed former prime minister had prematurely launched a civil action based on criminal charges which had yet to be determined in the criminal court.
"This is an abuse of the court's process as to allow these claims might give rise to potentially allowing Najib's criminal cases to be tried in Civil Court on a civil balance of proof.
"It is akin to putting the cart before the horse.
"It has also created confusion and a transgression of jurisdictions between the civil and criminal court's jurisdiction and this should not be allowed at all costs," he said.
Ahmad said this in his full judgement when dismissing Najib's suit seeking RM1.9 million in damages and a declaration that Thomas had committed misfeasance in public office.
Ahmad said the causes of action of misfeasance in public office and the allegation of malicious process were not sustainable and a non-starter because Thomas did not even conduct in the prosecution of Najib's criminal cases.
"If Thomas had an agenda against the plaintiff (which this court disagreed with), he would not be conducting the prosecution of the plaintiff.
"Hence, how could he be said to have committed misfeasance and the other torts.
"Furthermore, Thomas as public prosecutor did not arbitrarily charge the plaintiff in bad faith but only upon receiving completed investigation papers from the investigating agencies," he said.
Ahmad said Thomas as public prosecutor had a public duty to the country to charge Najib upon receiving a completed investigation from the investigating agencies which revealed strong and credible evidence against the Plaintiff for the many wrong doings he had purportedly committed.
He said agreeing to the proposition that Thomas had committed all torts/causes of action, despite his power, would also open the floodgates to scrutiny of all actions taken by the public prosecutor.
"Consequently, the deputy public prosecutors too will be afraid of preferring charges against suspects even though there was overwhelming evidence due to the risk of opening themselves up to civil suits subsequently.
"This will potentially lead to a significant escalation of criminal activities in the country.
"Worst of all, it will invite an accused person to file a claim against the public prosecutor even before the proceeding commences or before they have been acquitted like the present case before this court.
"Hence, this should not be allowed, and the claim should be struck out as frivolous, scandalous and vexatious," he said.
He added that allowing Najib's suit would also set a bad precedent whereby an accused person could file a claim against the AG for every acquittal.
In his statement of claim, Najib said he had been wrongfully accused in court over the four 1MDB-related cases.
He claimed the charges against him were part of a move planned in advance by Thomas, which was also in line with the Pakatan Harapan government's agenda at the time.
Najib claimed that in 2015, Thomas had met Tun Dr Mahathir Mohamad to discuss Najib's alleged wrongdoing and mismanagement involving 1MDB funds and also advised Dr Mahathir to take civil and criminal action against him over his involvement in 1MDB.
Najib is currently serving a prison sentence after the Federal Court upheld his conviction and sentence of 12 years' jail and RM210 million fine, on being found guilty of embezzling RM42 million in funds belonging to SRC International.
Najib is now on trial for multiple corruption charges involving the 1MDB financial scandal, audit tempering, and money laundering. - NST
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