PUTRAJAYA, Oct 7 — The Court of Appeal has reserved its judgment on former prime minister Datuk Seri Najib Razak‘s appeal to reinstate his RM1.9 million lawsuit against former attorney general (AG) Tan Sri Tommy Thomas.
A three-member bench, chaired by Judge Datuk Ravinthran N Paramaguru, deferred its decision after hearing submissions from the former premier’s counsels, Datuk Firoz Hussein Ahmad Jamaluddin and Yudistra Darma Dorai, and counsel Alan Andrian Gomez for Thomas.
“We will decide later and adjourn the decision. The case is fixed for case management on Oct 15,” said Justice Ravinthran, who sat with judges Datuk Wong Kian Kheong and Datuk Nadzarin Wok Nordin.
Najib is appealing against the Nov 25, 2022, High Court’s decision to strike out his lawsuit against Thomas, which claims that Thomas committed misfeasance in public office when he prosecuted him over the 1Malaysia Development Berhad (1MDB) case.
Firoz Hussein contended that his client was denied a fair opportunity to respond, arguing that the High Court judge based his decision on observations that were never argued by the parties, thereby preventing his client from rebutting them.
He further contended that the High Court judge had erred when he held that Thomas had absolute immunity as the AG.
“There are numerous authorities, both in Malaysia and other jurisdictions, which have held that an attorney general can be held liable for an abuse of power,” he argued, adding that the matter before the court is one of significant public interest.
Conversely, Alan submitted that the High Court Judge correctly struck out the claim on grounds of non-justiciability pursuant to Article 145(3) of the Federal Constitution.
He elaborated that a finding of misfeasance in public office would necessitate a determination into the respondent’s (Thomas) prosecutorial discretion, specifically, whether the decision to prefer charges constituted an abuse of power or was undertaken with recklessness or indifference.
“These necessarily relate to the merits of the case. In any event, no particulars as to how the respondent was reckless or had abused his powers have been traversed in the statement of claim,” he said.
In his lawsuit, Najib claimed that Thomas had acted maliciously in preferring charges against him, in relation to the 1MDB and International Petroleum Investment Company (IPIC) cases.
The charges included abuse of power under the Malaysian Anti-Corruption Commission Act 2009, and money laundering under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
Thomas served as AG from June 4, 2018, to February 28, 2020.
Najib is seeking a declaration that Thomas committed misfeasance in public office. He is also claiming RM1.9 million in damages, which includes costs incurred for an audit team retained to review documentation and prepare his defence against the prosecution. — Bernama
