Former prime minister Najib Razak’s legal team said they will subpoena former attorney-general Tommy Thomas as a witness if the International Petroleum Investment Company (IPIC) trial advances to the defence stage.

Najib’s counsel Muhammad Shafee Abdullah said Thomas (above) will be subpoenaed in the RM6.6 billion criminal breach of trust (CBT) case in relation to a leaked memorandum from the public prosecutor’s office.

The memorandum, he said, purportedly suggested for the Attorney-General’s Chambers (AGC) to drop six charges against Najib and former Treasury secretary-general Mohd Irwan Serigar Abdullah.

“We have promised that we will call all the seven deputy public prosecutors and the five investigating officers who wrote the memorandum.

“We will also subpoena Thomas because one of our biggest defence is that this is a total abuse of process,” Shafee told reporters outside the Kuala Lumpur court complex.

“We can maintain a civil proceeding against all those responsible (for the continuation of the charges), especially Tommy, for malicious prosecution and abuse of process (to seek) damages against these two gentlemen, my client included,” he said.

Lawyer Muhammad Shafee Abdullah

Earlier in court, Shafee in his submission also made an application for the court to ask the prosecution to confirm that the leaked 12-page document “is in fact true and genuine”.

High Court Judge Muhammad Jamil Hussin set 13 dates in June and another 17 days in July next year for Najib and Irwan’s trial to take place.

On Oct 25, 2018, Najib and Irwan were jointly charged under Section 409 of the Penal Code for breach of trust amounting to RM6.6 billion in government funds involving payments to IPIC. The case was transferred to the High Court on Dec 7, 2018.