by BERNAMA/ pic by BERNAMA
THE proceedings of the suit filed by Damansara MP Tony Pua (picture; right) against former prime minister Datuk Seri Najib Tun Razak for alleged misfeasance in public office in relation to 1Malaysia Development Berhad (1MDB), has been set for case management on Dec 2.
Counsel Nor Hazira Abu Haiyan representing Najib told reporters that the date was fixed before High Court Judge Datuk Rozana Ali Yusof in her chambers today.
She made the ruling in the presence of lawyer Tan Cheng Leong, who was representing Pua, and Senior Federal Counsel Habibah Haron, who was representing the government.
“At the case management proceeding, the parties concerned will inform on the status of Najib’s criminal case involving 1MDB, which is currently under trial,” she said.
On Jan 6, the court allowed Najib’s application to suspend the civil suit until the 1MDB criminal case is completed.
Pua sued Najib and the government on Jan 16, 2017, for alleged misfeasance in public office over the 1MDB scandal and sought general, aggravated and exemplary damages, interest, costs and other relief deemed fit by the court.
He claimed that Najib was a public officer since he was the Pekan MP, the prime minister then and chairman of the 1MDB board of advisers and that in those capacities he had a direct or indirect role in the decisions and direction of 1MDB.
Prior to this, the High Court had struck out Pua’s suit on the grounds that Najib was technically not an officer in a public office and therefore could not be sued for alleged misfeasance in public office.
Pua lost his appeal at the Court of Appeal in July 2018 after it upheld the High Court’s decision.
He subsequently obtained leave to appeal to the Federal Court.
On Nov 19, 2019, the Federal Court ruled that Najib was a public officer when he was the prime minister and thus could be sued for misfeasance in public office.
The court also ruled that Pua could continue with his suit against Najib and the government at the civil High Court.