Prime Minister Najib Abdul Razak may face a lawsuit for abuse of power in the 1MDB probe, said Malaysian Bar president Steven Thiru.

This follows the passing of a resolution on the 1MDB scandal by the Bar at its extraordinary general meeting in Kuala Lumpur today.

The 1,040 lawyers present voted overwhelmingly to sue those deemed responsible for hindrance to the on-going probe.

Thiru does not discount the possibility that Najib and other senior civil servants could be among those facing the suit.

"The suit would be under misfeasance in public office or the tort of abuse of power of authority in using his power for ulterior purpose. There will be several defendants including the PM. It is not limited to senior or superior government officers who gave the order.

"Let me reiterate that this resolution today is not coming to a conclusion of guilt on anyone but to express concern over the harassment going on in the on-going investigations and to uphold and restoring the rule of law with regards to the investigations," he said.

There are 16,000 lawyers registered with the Malaysian Bar. The motion was tabled by Thiru himself in light of what had been revealed over 1MDB following reports in The Wall Street Journal and Sarawak Report since July as well as reports of obstruction on the officers investigating the 1MDB.

“We had seen multiple acts of interference, the attorney-general was removed, a Special Branch director replaced, his deputy transferred (to PM's Department), two Attorney-General’s Chambers officers being investigated by the police, the transfer of MACC (Malaysian Anti-Corruption Commission) officers and investigations on them and the Public Accounts Committee derailed,” said Thiru.

Najib has yet to file a law suit against WSJ although it had sought clarification over the two reports that the international financial daily had made in July.

The Bar also voted to call for a formation of a royal commission of inquiry (RCI) on 1MDB.

The RCI is to proposed is to be on allegations of financial impropriety concerning 1MDB and its subsidiary companies, the transfer of RM2.6 billion into Najib's personal bank accounts, and the flow of RM42 million from SRC International Sdn Bhd, a company under the Finance Ministry, into Najib’s accounts.

The Bar also called on RCI findings and recommendations be made public and further action be taken upon its completion.

An RCI is formed by the Agong upon recommendation by the prime minister.

As such, Thiru called on the PM to not stand in the way of an RCI.

'RCI a win-win'

Thiru, flanked by vice-president George Varghese, secretary Karen Cheah and treasurer Abdul Fareed Abdul Gafoor, emerged from the two-hour EGM to speak to journalists on the resolution.

The lawyers also adopted a motion to condemn the on-going hindrance or obstruction into investigations of 1MDB that had seen harassment, intimidation and oppression of investigating officers attached to the Attorney-General’s Chambers, the Malaysian Anti-Corruption Commission, Bank Negara and the police Special Branch.

They also condemn the abrupt removal of Abdul Gani Patail as attorney-general (AG) on July 28 and, the crippling of the Public Accounts Committee (PAC) which is probing 1MDB.

The resolution also condemned the abrupt removal of attorney-general Abdul Gani Patail on July 28, which crippled the probe, and the sudden transfer of police Special Branch deputy director Abdul Hamid Bador.

Hamid, a career police officer, earlier questioned whether his transfer to the Prime Minister’s Department had to do with the fact that he was at Gani’s home for a "discussion" two nights before Gani was removed.

On the proposed law suit, Thiru said this was not the first time such action was taken against malfeasance of public office.

“There has been two or three cases in the past on this and it is not new. The Bar would sought a declaratory relief to go out against abuse of power which subvert or interfere in the administration of justice.”

To questions on whether the RCI would get the PM's approval, Thiru replied: "It is in the interest of the PM to allow unhindered, investigations done through an RCI, as the result may exonerate him and it would look better for him.

"It is a win-win situation (for the PM) to have it (the RCI) and put back on track the investigations and upholding and restoring the rule of law," he said.

Asked on the possibility of someone filing an injunction to prohibit the implementation of the resolution to stop the RCI or the filing of the law suit, Thiru said: “We will strenuously fight such actions.”

According to Thiru, the tasks of the Malaysian Bar, among others, is to protect the rule of law and when there seemed to be a breach, it has to stand up against it.

Thiru and the Malaysian Bar had in the past issued stringent statements against the high-handed action by the government to impede the on-going investigations and the hijacking of PAC probe on 1MDB that saw BN members of the committee being appointed ministers and deputy ministers.

The full 18-page resolution is available on the Malaysian Bar website.