KUALA LUMPUR – The application by former Attorney General Tan Sri Tommy Thomas and the Malaysian government to quash the suit filed by Datuk Seri Najib Razak (picture) over alleged misfeasance in public office for prosecuting him on charges involving the 1Malaysia Development Bhd (1MDB) funds will be heard on Aug 12.
Lawyer Yudistra Darma Dorai, representing Najib, when contacted, said the application would be heard before Judge Datuk Ahmad Bache.
He said the date was fixed by the judge (Ahmad Bache) during an online case management today.
On Nov 18 last year, Thomas and the government submitted an application to quash the suit after claiming that the former prime minister’s action in suing them was a was a collateral attack to prevent criminal proceedings against him.
Najib filed the suit on Oct 22 last year, naming Thomas and the government as the first and second defendants.
In the statement of claim, Najib claimed that he had been wrongly accused in court in the case of 1MDB, International Petroleum Investment Company (IPIC), abuse of power under the Malaysian Anti-Corruption Commission (MACC) Act 2009 and money laundering under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA 2001).
The Pekan MP claimed that the charges against him were part of a move that had been planned in advance by Thomas and it was also in line with the Pakatan Harapan government’s plan at the time.
Najib claimed that in 2015, Thomas had met Tun Dr Mahathir Mohamad to discuss wrongdoings and mismanagement allegedly over the 1MDB funds and also advised Dr Mahathir to take civil and criminal action against Najib over his involvement in 1MDB.
He is seeking RM1.9mil in damages and a declaration that Thomas had committed misfeasance in public office, including consultation fees for the audit team to review documentation for preparation of facts to address prosecution against him. – Bernama