The Federal Court allows Najib Razak to attend the Nov 26 appeal hearing seeking to revive his RM1.9 million lawsuit against former AG Tommy Thomas
PUTRAJAYA: The Federal Court here today allowed Datuk Seri Najib Tun Razak’s application to attend the hearing of his application for leave to appeal in a bid to revive his RM1.9 million lawsuit against former Attorney-General Tan Sri Tommy Thomas.
A three-judge panel chaired by Chief Judge of Malaya Datuk Seri Hashim Hamzah allowed the application after Najib’s counsel, S. Bala Ravi, requested an order to produce (OTP) to enable the former prime minister to attend the proceedings from prison.
The order would allow Najib to attend the leave-to-appeal hearing and, should leave be granted, the substantive appeal hearing.
Also on the panel were Federal Court judges Datuk Mohd Nazlan Mohd Ghazali and Datuk Azmi Ariffin.
The leave-to-appeal application is scheduled to be heard on Nov 26.
Najib, 73, filed a notice of motion on Feb 10 this year seeking leave to appeal against the entire Court of Appeal decision, which upheld the High Court’s order striking out his lawsuit. He has submitted three questions of law for the Federal Court’s consideration.
On Jan 13 this year, a three-judge Court of Appeal panel upheld the High Court’s decision to strike out the suit, ruling that the action was premature because the relevant criminal proceedings had not commenced when the lawsuit was filed.
On Nov 25, 2022, the High Court allowed Thomas’s application to strike out the suit without a full trial.
Najib, the former Pekan Member of Parliament, filed the lawsuit on Oct 22, 2021, alleging that Thomas had abused his power in bringing charges against him in connection with the 1Malaysia Development Berhad (1MDB) case.
In the suit, Najib alleged that Thomas had acted with malicious intent in prosecuting him in cases involving 1MDB and International Petroleum Investment Company (IPIC).
The charges included abuse of power under Section 23 of the Malaysian Anti-Corruption Commission Act 2009 and several counts of money laundering under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
Najib is seeking, among other relief, a declaration that Thomas committed misfeasance in public office. He is also claiming RM1.9 million in special damages for expenses incurred in appointing an audit team to review documents and prepare his defence in the criminal proceedings.
Thomas served as Attorney-General from June 4, 2018, to Feb 28, 2020.
