PUTRAJAYA - Former prime minister Datuk Seri Najib Razak today failed in his appeal to reinstate his RM1.9 million lawsuit against former Attorney-General (AG) Tan Sri Tommy Thomas.
Court of Appeal Judge Datuk Ravinthran N. Paramaguru, who led a three-member bench, said the panel agreed with the High Court’s ruling that the civil suit was clearly premature, as the criminal cases had not yet begun when it was filed.
"We also find that the tort of malicious process does not exist in our law,” said Justice Ravinthran, who presided over the appeal with Justices Datuk Wong Kian Kheong and Datuk Nadzarin Wok Nordin.
The court dismissed Najib's appeal with costs of RM12,000.
Najib is appealing against the Nov 25, 2022, High Court’s decision in striking out his lawsuit, filed on Oct 22, 2021, against Thomas, claiming that the former AG committed misfeasance in public office when he prosecuted him over the 1Malaysia Development Berhad (1MDB) case.
Justice Ravinthran further said that the High Court found the respondent (Thomas) had immunity and that his actions were non-justiciable.
"With respect to the issue of immunity and justiciability, we disagree with the High Court’s decision, as Article 145(3) of the Federal Constitution does not confer immunity on the Attorney General with respect to civil suits taken against him personally.
"The cases cited by the High Court do not apply, as there are criminal cases in which the discretion of the Attorney General was challenged,” 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 in the underlying prosecution included abuse of power under Section 23 of the Malaysian Anti-Corruption Commission Act 2009 and several counts of money laundering under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
Najib seeks, inter alia, a declaratory judgment that Thomas committed the tort of misfeasance in public office. Thomas served as AG from June 4, 2018, to Feb 28, 2020.
He is also claiming special damages of RM1.9 million, comprising costs incurred for engaging an audit team to review documentation and prepare his defence for the criminal proceedings.
Najib was represented by counsel Datuk Firoz Hussein Ahmad Jamaluddin, while counsel Alan Adrian Gomez represented Thomas.
When met after the proceedings, Firoz Hussein said he would take instructions from Najib on whether to appeal against today’s decision. - BERNAMA