Najib appeals against dismissal of Tommy Thomas misfeasance suit

Former prime minister Najib Razak has appealed against the High Court's decision to quash his lawsuit against former attorney-general Tommy Thomas over alleged misfeasance in public office for prosecuting him on charges involving 1MDB.

Najib’s counsel Yudistra Darma Dorai, when contacted today, said the notice of appeal was filed on Dec 22.

Lawyer Mervyn Lai, representing Thomas, confirmed the matter, adding that the Court of Appeal has yet to set a date for the appeal.

On Nov 25, judge Ahmad Bache granted Thomas' application to strike out Najib’s suit after finding that it was scandalous, vexatious and an abuse of the court process.

Thomas, through a notice of application to quash the suit filed on Nov 18, 2021, stated among others that if Najib's suit was continued and tried, it would disrupt the trial in the High Court of the criminal case against him.
 
In the suit filed on Oct 22, 2021, Najib claimed that the charges against him were part of a move planned by Thomas and in line with the Pakatan Harapan government’s plan at the time.

Najib, 69, claimed that he was wrongly accused in court in the case of 1MDB, 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.

He sought a declaration that Thomas committed misfeasance in public office as well as RM1.9 million in damages, including negotiation fees for the audit team to review the documentation for the preparation of facts to deal with the prosecution against him.