Datuk Seri Najib Razak has been granted permission by the Federal Court to attend the hearing of his application to revive a RM1.9 million civil suit against former attorney general Tan Sri Tommy Thomas over alleged misconduct in public office.
A three-judge panel, chaired by Chief Judge of Malaya Justice Hashim Hamzah, allowed the application filed by Najib’s lawyer, S. Bala Ravi, on Wednesday (Oct 28).
The court also issued an order to produce, requiring prison authorities to bring Najib before the court for the hearing on his application for leave and, if permission is granted, the substantive appeal hearing.
The hearing has been scheduled for Nov 26. The other judges on the panel were Federal Court judges Justices Mohd Nazlan Mohd Ghazali and Azmi Ariffin.
Najib, 72, filed the lawsuit against Thomas on Oct 22, 2021, accusing the former attorney general of abusing his powers when prosecuting him in cases linked to 1Malaysia Development Berhad (1MDB).
The former Pekan MP alleged that Thomas had acted with malicious intent in bringing charges against him involving 1MDB and International Petroleum Investment Company (IPIC).
The charges included abuse of power under Section 23 of the Malaysian Anti-Corruption Commission Act 2009 and several money laundering offences under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
In his civil suit, Najib is seeking a court declaration that Thomas committed the tort of misconduct in public office. He is also claiming RM1.9 million in special damages, including expenses incurred in appointing an audit team to review documents and preparing his defence in the criminal proceedings.
Thomas served as attorney general from June 4, 2018, to Feb 28, 2020.
On Nov 25, 2022, the High Court struck out Najib’s suit without proceeding to a full trial. Najib subsequently appealed, but the Court of Appeal dismissed his appeal on Jan 13.
The appellate court agreed with the High Court that the suit was premature because the criminal case had not yet commenced when the civil action was filed.
Najib filed a notice of motion on Feb 10 to challenge the Court of Appeal’s decision.
In his application, he raised three legal questions for the Federal Court to determine and sought permission to file a notice of appeal within one month if leave was granted.
