THE Kuala Lumpur High Court today threw out a misfeasance in public office suit against Najib Razak, ruling that the prime minister is not a public officer although he is in public office.

The suit was brought by former prime minister Dr Mahathir Mohamad and former Umno leaders Khairuddin Abu Hassan and Anina Saadudin, who were ordered by the court to pay Najib RM30,000 in costs.

Najib’s lawyer, Mohamed Hafarizam Harun, told reporters that Judge Abu Bakar Jais, in his ruling made in chambers, said the prime minister, ministers, deputy ministers and parliamentary secretaries were “members of the administration in public office”.

Hafarizam said the judge had acknowledged that his ruling might be unacceptable to some, but that it was his interpretation of the law.

“The judge said the court could not question this as it was for Parliament to decide,” Hafarizam was quoted as saying on FMT.

In their statement of claim filed last year, Mahathir, Khairuddin and Anina said they were the rightful parties to take action against Najib as they had traced the chronology of the 1MDB investigations dating back to March 2015, from the formation of a special task force to the dismissal of the attorney-general Abdul Gani Patail and deputy prime minister Muhyiddin Yassin.

They also wanted Najib to return to the government the money found in his private bank accounts.

However, Najib filed action to strike out the suit on grounds that it was unsustainable, frivolous and vexatious.

Hafarizam and Rishwant Singh appeared with senior counsel Cecil Abraham for Najib while Mohamed Haniff Khatri Abdulla acted for the plaintiffs. – April 28, 2017.