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KUALA LUMPUR – The high court here today set November 25 to decide on an application by Tan Sri Tommy Thomas to quash the suit filed by Datuk Seri Najib Razak over the former attorney-general’s (AG) alleged misfeasance in public office for prosecuting the ex-prime minister on charges involving 1Malaysia Development Berhad (1MDB).
Judge Datuk Ahmad Bache fixed the date after hearing submissions by both parties on Thomas’ application to strike out the suit. Lawyer Yudistra Darma Dorai represented Najib, and lawyer Alan Adrian Gomez represented Thomas.
“The decision on the application is set for November 25 at 9am,” said justice Ahmad.
Yudistra had submitted that Thomas had a history of “attacking” Najib, who is currently serving a 12-year jail sentence in Kajang Prison.
According to the lawyer, Thomas – who was appointed AG in 2018 – met with former prime minister Tun Dr Mahathir Mohamad in 2015 to discuss Najib, who was called a liar, and in 2016, the ex-AG claimed that Najib was not fit to be prime minister.
Yudistra said Thomas made such comments on Najib when he was AG, in his book My Story: Justice in the Wilderness and to the media.
Meanwhile, Gomez submitted that the 1MDB-related charges were not “political prosecution”, and that they were not dropped even after Thomas’ tenure as AG ended in February 2020.
“AG Tan Sri Idrus (Azizan) Harun carried on with the charges. He had the discretion to drop the charges but did not do so,” he said.
Thomas, through a notice of application to quash the legal action – which was filed on November 18, 2021 – among others stated that if Najib’s suit was continued and tried, it would disrupt the ex-prime minister’s criminal trial in the high court.
On October 22, 2021, Najib filed the suit – claiming that the charges against him were part of a move that had been planned in advance by Thomas and it was also in line with the Pakatan Harapan government’s plan at the time.
Najib, 69, claimed that he had been wrongly accused in court in the case of 1MDB, International Petroleum Investment Company, abuse of power under the Malaysian Anti-Corruption Commission Act 2009, and money laundering under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
He is seeking a declaration that Thomas had committed misfeasance in public office as well as RM1.9 million in damages, including negotiation fees for the audit team to review documentation for the preparation of facts to deal with the prosecution against him. – Bernama, October 21, 2022