Court allows Najib to attend proceedings in lawsuit against Thomas

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 lawsuit against former attorney-general Tommy Thomas for alleged misfeasance in public office.

A three-member bench of the Court of Appeal comprising justices Kamaludin Md Said, Lim Chong Fong and 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 Firoz Hussein Ahmad Jamaluddin told the court that the former prime minister's presence in court was essential to enable his counsel to get appropriate instructions from Najib with regard to the appeal.

He also said it was Najib's right, as the person who filed the lawsuit, to attend the proceedings in open court.

Najib, 69, is appealing against the High Court's decision on Aug 19 last year dismissing his application to disqualify two lawyers from representing Thomas in his suit against him.

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 case of 1MDB, International Petroleum Investment Company, 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).

Thomas was the attorney-general from June 4, 2018, to Feb 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 that it 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 preparation of facts to address the prosecution against him.

On Nov 25 last year, the High Court allowed Thomas' application to strike out Najib's suit against him. Najib filed a notice of appeal on Dec 22 last year. 

The Court of Appeal has fixed Oct 4 for hearing Najib's appeal against the High Court's dismissal of his suit against Thomas.

Najib is serving the 12-year jail term for his SRC International Sdn Bhd case at Kajang prison.