Najib cleared to attend leave hearing in lawsuit against former Malaysia A-G Tommy Thomas

PUTRAJAYA – The Federal Court of Malaysia has granted former Malaysian prime minister Najib Razak permission to attend the hearing of a leave application he filed to revive his RM1.9 million (S$594,000) civil suit against former attorney-general Tan Sri Tommy Thomas for alleged public misfeasance.

A three-judge panel, chaired by Chief Judge of Malaya Justice Hashim Hamzah, allowed the application made by Najib’s lawyer Bala Ravi on Oct 28.

The court then issued an order to produce, an instruction requiring prison authorities to produce Najib before the court for the hearing of the leave application as well as the substantive hearing of the appeal, should the leave be granted.

The hearing has been fixed on Nov 26.

Other judges on the panel were Federal Court judges Justices Mohd Nazlan Mohd Ghazali and Azmi Ariffin.

Najib, 72, sued Thomas on Oct 22, 2021, alleging that the former attorney-general abused his power when prosecuting him in relation to the 1Malaysia Development Berhad (1MDB) case.

The former Pekan MP claimed that Thomas had acted with malicious intent when filing charges against him in relation to the 1MDB and International Petroleum Investment Company cases.

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 others, a court declaration that Thomas had committed the tort of misconduct in public office and claimed special damages of RM1.9 million, which includes costs incurred in appointing an audit team to review documents and preparing a defence for the criminal proceedings.

Thomas served as attorney-general from June 4, 2018, to Feb 28, 2020.

On Nov 25, 2022, the Malaysian High Court allowed Thomas’ application to strike out Najib’s suit without going to a full trial.

Najib filed an appeal against the High Court’s decision but on Jan 13, a three-judge panel of the Court of Appeal dismissed his appeal.

The appellate court concurred with the High Court that the suit was clearly premature because the criminal case had not yet commenced when it was filed.

On Feb 10, Najib filed the notice of motion to challenge the Court of Appeal’s decision.

In his application, Najib raised three legal questions for determination by the Federal Court and requested permission to file a notice of appeal within one month should leave be granted.

Source: The Straits Times https://www.straitstimes.com/asia/se-asia/najib-cleared-to-attend-leave-hearing-in-lawsuit-against-former-malaysia-a-g-tommy-thomas