Ex-PM contends former AG had committed misfeasance in public office.
Najib Abdul Razak has hauled former attorney-general Tommy Thomas to court over the former prime minister’s alleged wrongful prosecution for several criminal cases.
Through law firm Raj, Ong & Yudistra, the former prime minister filed the lawsuit at the High Court in Kuala Lumpur on Oct 22. The legal action named Thomas and the government as defendants.
According to a copy of the statement of claim seen by Malaysiakini, plaintiff Najib contends that Thomas has committed misfeasance in public office, malicious process, and negligence.
The former premier claimed that the government is vicariously liable for the alleged acts done by Thomas (below).
Najib stated that Thomas’ alleged acts were in relation to criminal charges levelled against the former in relation to the 1MDB case, the International Petroleum Investment Company (IPIC) case, two cases of alleged abuse of power and money laundering under the MACC Act 2009 (collectively known as the four cases).
The former finance minister, however, stated that it does not involve charges in relation to SRC International Sdn Bhd, a former 1MDB subsidiary that later became wholly owned by the Minister of Finance Incorporated (MoF Inc).
Najib claimed that following the emergence of the then Dr Mahathir Mohamad-led Pakatan Harapan administration following the 14th general election in 2018, he was hit with 35 criminal charges linked to the four cases.
“The following facts will show that the charges against Najib Razak was part of an act that has long been planned and crafted early by Tommy Thomas. Also, this was in line with the plans of the then government.
“As the attorney-general, he had carried out his duties, in relation to Najib Razak, as though he was an agent of Pakatan Harapan.
“In fact, he would later link Najib Razak’s party United Malays Umno Organisation (Umno), with Najib Razak himself, the Malays, and driving force for Islamisation,” Najib claimed.
The former premier also alleged that before and even after becoming attorney-general, Thomas had made many comments that prejudiced him.
Najib claimed that among these are that he was a criminal that was in cahoots with 1MDB-linked fugitive Low Taek Jho, or Jho Low, even before the Pekan MP’s charges came up for trial before the courts.
The plaintiff is seeking, among other reliefs, a declaration that Thomas has committed misfeasance in public office, over RM1.9 million, as well as general and exemplary damages.
According to the online cause list, the matter is fixed for case management before the Kuala Lumpur High Court Registry on Nov 19.
Back in February, it was reported that Najib filed a letter of demand against Thomas in relation to the latter’s memoir ‘My Story: Justice in the Wilderness’.
Najib then had demanded the now civil practice lawyer to retract the memoir, issue an apology and pay RM10 million damages in relation to allegations contained in the book.
By : HIDIR REDUAN ABDUL RASHID – MALAYSIAKINI