The Court of Appeal dismissed former prime minister Najib Abdul Razak's appeal to disqualify Tommy Thomas's law firm from representing the former attorney-general.
A three-person bench chaired by Hanipah Farikullah unanimously denied Najib's appeal to prevent law firm Tommy Thomas from acting for Thomas, whom the former premier is suing over alleged malicious prosecution linked to the ongoing 1MDB case.
Hanipah ruled that the bench found no nexus between the two firm's solicitors and the cause of action of Najib's legal action.
Last year, the Kuala Lumpur High Court dismissed Najib's disqualification application.
The civil court also allowed Thomas' application to strike out the entire civil action without its merits being heard in the full trial.
Najib has since appealed to the Court of Appeal over both matters.
Today's decision is on the disqualification issue of the law firm allegedly being unable to act professionally when representing Thomas.
During open-court proceedings this morning, Hanipah ruled that there is no appellable error on the part of the lower court in its finding on the professionalism of the two firm's lawyers, Alan Adrian Gomez and Mervyn Lai Wei Shiung.
"The two solicitors can maintain professional independence in the interest of justice," Hanipah ruled on behalf of the two other bench members, Azimah Omar and Azhahari Kamal Ramli.
The bench also ordered Najib to pay RM10,000 in costs to Thomas.
Firoz Hussein Ahmad Jamaluddin represented Najib, while Alan appeared for Thomas.
On Aug 19 last year, in denying Najib’s disqualification bid, High Court judge Ahmad Bache ruled that it is trite, particularly in common law and in practice, that a litigant such as Thomas has the right to choose a solicitor of his own choice.
Ahmad allowed Thomas’ application to strike out Najib’s entire civil action on Nov 25 last year because the lawsuit was ‘filled with unconnected political issues”.
He adds the civil action also lacked details on the former attorney general’s alleged involvement in wrongful prosecution.
Najib’s lawsuit centred on Thomas’ alleged wrongful prosecution against him in four criminal cases.
Three of the cases are ongoing: the RM2.28 billion 1MDB corruption case, the RM6.6 billion International Petroleum Investment Company (IPIC) criminal breach of trust (CBT) case, and the RM27 million SRC International money-laundering case.
The fourth one is the 1MDB audit case, for which the High Court in Kuala Lumpur has granted Najib a full acquittal. The prosecution, however, went to the Court of Appeal to quash this ruling.
The civil suit, however, is not over the RM42 million SRC corruption case (a separate criminal case from the RM27 million SRC money-laundering case), for which Najib is serving a 12-year jail sentence. - Mkini
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