Follow Us

High Court allows ex-AG Tommy Thomas to strike out Najib’s suit over malfeasance in public office, malicious process and negligence

2022-11-25T03:10:29+08:00November 25th, 2022|0 Comments

Former attorney general Tan Sri Tommy Thomas (Photo by Mohd Izwan Mohd Nazam/The Edge)

KUALA LUMPUR (Nov 25): The High Court on Friday (Nov 25) allowed former attorney general Tan Sri Tommy Thomas to strike out a malfeasance in public office, malicious process and negligence suit filed against him by jailed former prime minister Datuk Seri Najib Razak.

The tort of malicious process is a new tort with regard to the process where one or an accused person had to undergo investigations and then a trial without an end.

Judge Datuk Ahmad Bache in his decision to strike out the suit by Najib said the former PM should have waited for the outcomes of the four ongoing criminal cases against him, which if resulted in an acquittal, only then can he file the suit.

Ahmad said the suit was premature in light of the ongoing criminal cases, and would result in a separate trial being heard not only in the criminal court but also the civil court.

The ongoing criminal cases are the 1Malaysia Development Bhd (1MDB)-Tanore trial, the 1MDB audit case for abuse of power, the money laundering case involving SRC International Sdn Bhd, a former subsidiary of 1MDB, and the International Petroleum Investment Company (IPIC) case.

Ahmad noted that Tommy was not involved, and is no longer the AG, with regard to the four cases.

“The suit is therefore not sustainable and can be considered an abuse of the court process,” he added.

He also ordered Najib to pay RM12,000 costs to Tommy.

Najib initially named Tommy and the Government in the suit, but later dropped the Government as a defendant.

More to come

Read More

Leave A Comment