Malaysia

Court allows Najib to attend appeal proceedings in suit against Thomas

Currently serving 12-year jail term, three-member bench grants him special permission

Updated 2 years ago · Published on 10 Jul 2023 11:25AM

Court allows Najib to attend appeal proceedings in suit against Thomas
Datuk Seri Najib Razak (pic) is appealing against the high court’s decision on August 19 last year dismissing his application to disqualify two lawyers from representing Tan Sri Tommy Thomas in a suit filed against him. – AZIM RAHMAN/The Vibes pic, July 10, 2023

PUTRAJAYA – Datuk Seri Najib Razak, who is serving a 12-year jail term for corruption, has been allowed to attend court tomorrow to follow the appeal proceedings pertaining to his suit against former attorney-general Tan Sri Tommy Thomas for alleged misfeasance in public office.

A three-member bench of the Court of Appeal comprising justices Datuk Seri Kamaludin Md Said, Datuk Lim Chong Fong, and Datuk Azizul Azmi Adnan allowed Najib’s ex parte application for the prison authority to bring him to the court for the proceedings.

Najib’s counsel, Datuk Firoz Hussein Ahmad Jamaluddin, told the court that the former prime minister’s presence in court is essential to enable his counsel to get appropriate instructions from Najib with regard to the appeal.

He also said it is Najib’s right, as the person who filed the suit, to attend the proceedings in open court.

Najib, 69, is appealing against the high court’s decision on August 19 last year dismissing his application to disqualify two lawyers from representing Thomas in his suit against Thomas.

Najib claimed that it was not appropriate to appoint Alan Adrian Gomez and Lai Wei Shiung to represent Thomas as they were from the same firm as Thomas.

Najib sued Thomas, claiming that he had been charged in court in the cases of 1Malaysia Development Bhd, 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.

Thomas was the attorney-general from June 4, 2018 to February 28, 2020. 

The former Pekan MP claimed that the charges against him were part of a move that had been planned in advance by Thomas and was also in line with the Pakatan Harapan government’s plan at the time.

Najib is seeking a declaration that Thomas had committed misfeasance in public office and is claiming RM1.9 million in damages, including to cover consultation fees for the audit team to review documentation for the preparation of facts to address the prosecution against him. 

On November 25, last year, the high court allowed Thomas’ application to strike out Najib’s suit against him. Najib filed a notice of appeal on December 22 last year. 

The Court of Appeal has fixed October 4 for hearing Najib’s appeal against the high court’s dismissal of his suit against Thomas.

Najib is serving a 12-year jail term at Kajang prison for his SRC International Sdn Bhd case. – Bernama, July 10, 2023

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