THE Kuala Lumpur High Court today set November 25 to decide on an application by former attorney-general (AG) Tommy Thomas to quash the suit filed by Najib Razak over alleged misfeasance in public office for prosecuting him on charges involving the 1Malaysia Development Bhd (1MDB). 

Judge Ahmad Bache fixed the date after hearing submissions by both parties on Thomas’ application to strike out the suit. Lawyers Yudistra Darma Dorai, represented Najib, and Alan Adrian Gomez represented Thomas. 

“The decision on the application is set for November 25 at 9am,” said Ahmad. 

Yudistra had submitted that Thomas had a history of ‘attacking’ Najib, who is currently serving a 12-year jail sentence in Kajang Prison. 

According to the lawyer, Thomas, who was appointed AG in 2018, met with former prime minister Dr Mahathir Mohamad in 2015 to discuss Najib, who was called a liar, and in 2016, he (Thomas) claimed Najib was not fit to be a prime minister. 

He said Thomas made such comments against Najib when he was AG, in his book “My Story: Justice in the Wilderness”, and to the media. 

Gomez submitted that the 1MDB-related charges were not “political prosecution”, and that the charges were not dropped even after Thomas’ tenure as AG ended in February 2020.

“AG Tan Sri Idrus Harun carried on with the charges. He had the discretion to drop the charges but did not do so,” he said.

Thomas, through a notice of application to quash the suit, which was filed on November 18, 2021, among others, stated that if Najib’s suit is continued and tried, it will disrupt the trial in the criminal high court of the case against him.

On October 22 last year, Najib filed the suit claiming the charges against him were part of a move that had been planned in advance by Thomas, and that it was also in line with the Pakatan Harapan government’s plan at the time. 

Najib, 69, claimed he had been wrongly accused in court in the case of 1MDB, International Petroleum Investment Company, 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. 

He is seeking a declaration that Thomas has committed misfeasance in public office as well as RM1.9 million in damages, including negotiation fees for the audit team to review documentation for the preparation of facts to deal with the prosecution against him. – Bernama, October 21, 2022.