The media has been barred from covering the hearing of Prime Minister Najib Abdul Razak's application to strike out a suit related to 1MDB filed by Petaling Jaya Utara MP Tony Pua.

Pointing to the presence of reporters, Najib's lawyer Cecil Abraham reminded the court that the matter was fixed to be held in chambers, and as such, the public gallery should be emptied.

However, Pua's lawyer Gobind Singh Deo replied that the matter is of public interest and the press should be allowed to report the proceeding.

Judicial commissioner Faizah Jamaludin said since the matter is of public interest, she was concerned that it would be misconstrued and misreported by the media.

"So please leave and empty the public gallery. I would love to have the matter be heard in my chambers but there is not enough space," she added.

Lawyers Rishwant Singh and Nik Alia Hanafi appeared with Cecil, while Joanne Chua was with Gobind.

Senior federal counsel Alice Loke appeared for the government.

Pua filed the suit of misfeasance in public office against Najib earlier this year following the alleged abuses in 1MDB, and as a taxpayer he was concerned over having to pay for such bad decisions made by the government.

He named Najib and the government as defendants where he sought a declaration that Najib had committed misfeasance in public office and another declaration that the prime minister abused his public office to personally benefit from 1MDB funds.

Pua is also seeking general, aggravated and exemplary damages to be assessed by the court.

The DAP national publicity secretary said Najib is a public official since he is the Pekan MP, the prime minister and chairperson of the 1MDB board of advisors.

He claimed that as the prime minister, finance minister and chairperson of the board, Najib had a direct role in 1MDB to approve appointments and removals in the company.

Pua further claimed that Najib had recklessly used his influence and position to procure guarantees for 1MDB bonds and that he had maliciously approved associated companies to enter into various investment transactions and agreements.

Decision set on Aug 3

After two hours and 45 minutes, Gobind told reporters outside the court that Justice Faizah fixed Aug 3 to deliver her decision on Najib's application.

He said they maintained that Najib is a public official under common law and that the suit should be allowed to proceed.

Gobind said Cecil meanwhile maintained that Najib is not a public official but a member of the administration, hence, there was no reasonable cause of action.

He said they tried to persuade the court that this action was permissible under the common law principle concerning the tort of misfeasance.

This was the third suit filed by politicians against Najib in relation to 1MDB.

It was reported that the KL High Court had on April 28 struck out a suit filed by former premier Dr Mahathir Mohamad, Khairuddin Abu Hassan and Anina Saadudin on the grounds that Najib was not a public officer but a member of an administration.

The matter is now fixed for hearing at the Court of Appeal on Aug 30.

Commenting on the April 28 decision, former federal court judge Gopal Sri Ram said the action brought by Mahathir was based on the well-established common law tort of misfeasance in public office.

“It is not brought under an act of parliament. It is also not an action brought for violation by the executive of a constitutionally-guaranteed right.

“Therefore, neither the Federal Constitution nor the Interpretation Acts have any relevance to establishing who is a public officer for the purposes of the tort of misfeasance in public office," he said.

The other suit against Najib was filed by former de facto law minister Zaid Ibrahim.