Aug 12 hearing for Thomas' bid to strike out Najib's wrongful prosecution suit
The High Court in Kuala Lumpur has set Aug 12 to hear an application by former attorney-general Tommy Thomas and the government to strike out Najib Abdul Razak’s wrongful prosecution suit.
The former prime minister’s counsel Yudistra Darma Dorai confirmed that the civil court set the hearing date during case management earlier this morning...
The High Court in Kuala Lumpur has set Aug 12 to hear an application by former attorney-general Tommy Thomas and the government to strike out Najib Abdul Razak’s wrongful prosecution suit.
The former prime minister’s counsel Yudistra Darma Dorai confirmed that the civil court set the hearing date during case management earlier this morning.
“Hearing of the striking-out (application) by Thomas (is) on Aug 12, physically in court before (judge) Ahmad Bache at 10am,” the lawyer told Malaysiakini.
On Nov 19 last year, it was reported that Thomas (above) and the government filed applications to strike out Najib’s lawsuit on the grounds that it was a collateral attack to derail the former prime minister’s criminal court cases.
Media reports quoted excerpts from deputy public prosecutor Ahmad Akram Gharib’s affidavit, which contended, among others, that the AG is empowered with discretion to initiate, conduct and discontinue prosecution, as per Article 145 of the Federal Constitution and Section 376(1) of the Criminal Procedure Code.
However, in a counter-affidavit later, Najib claimed that the striking-out bid is an attempt to block the court from hearing about the alleged wrongdoings perpetrated against him.
Previously, in an affidavit in support of the striking-out application, Thomas claimed that Najib’s suit was politically motivated due to the lead-up to the Malacca state election as well as the forthcoming 15th general election.
Thomas had also contended that as the then attorney-general and public prosecutor, his discretion to institute or discontinue criminal proceedings is non-justiciable, or not a matter that can be challenged in court, courtesy of Article 145 (3) of the Federal Constitution.
On Oct 22 last year, Najib’s legal team filed the lawsuit against Thomas and the government over the former prime minister’s alleged wrongful prosecution of several criminal cases.
The plaintiff contended that Thomas had committed misfeasance in public office, malicious process and negligence.
The former prime minister claimed that the government is vicariously liable for Thomas’ alleged acts.
Four cases
Najib stated that Thomas’ alleged acts were in relation to criminal charges levelled against the former in relation to the 1MDB case, the International Petroleum Investment Company (IPIC) case, two cases of alleged abuse of power and money laundering under the MACC Act 2009 (collectively known as the four cases).
The former finance minister, however, stated that it does not involve charges in relation to SRC International Sdn Bhd, a former 1MDB subsidiary that later became wholly owned by the Ministry of Finance Incorporated (MOF Inc).
He claimed that following the emergence of the then Dr Mahathir Mohamad-led Pakatan Harapan administration after the 14th general election in 2018, he was hit with 35 criminal charges linked to the four cases.
Najib also claimed, among other allegations, that the charges against him had long been planned by Thomas and the then Harapan government.
The plaintiff is seeking, among other reliefs, a declaration that Thomas has committed misfeasance in public office, more than RM1.9 million, as well as general and exemplary damages.
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