Tommy Thomas and govt file bid to strike out Najib's malicious prosecution suit against them

KUALA LUMPUR: Former attorney general (AG) Tan Sri Tommy Thomas and the government are seeking to strike out former prime minister Datuk Seri Najib Razak's lawsuit against them over alleged malicious prosecution relating to the 1Malaysia Development Bhd (1MDB) cases.

In the application filed on Thursday (Nov 18), Thomas and the government claimed that Najib's legal action was a disgrace, frivolous and an abuse of the court process.

They claimed Najib had no reasonable cause of action, that his claims were unsustainable, and the suit ought to be struck out.

In a supporting affidavit, deputy public prosecutor Ahmad Akram Gharib said the suit was filed as a "collateral attack" in Najib's ongoing 1MDB trials.

"The legal action by the plaintiff (Najib) is merely a collateral attack on his criminal trials to delay the proceedings," Ahmad Akram said in the affidavit.

Should the trial of the lawsuit be allowed, he said, it would disrupt the plaintiff's ongoing criminal cases in court.

The DPP also said Najib failed to show sufficient material facts and details on his claims of misfeasance in public office, malicious abuse of process as well as negligence on the part of the defendants.

Najib's lawyer Yudistra Darma Dorai confirmed that the striking out application was filed.

"Among others, they (defendants) are attempting to rely on reasons that the AG has immunity and that my client's action is apparently a collateral attack intended to disrupt the criminal proceedings.

"My client will of course fight the application. He intends to have his grievances aired in court," he said.

The case was brought up for case management before deputy registrar Syeela Marlina Uttaman via e-review here on Friday (Nov 19).

The case is fixed for further case management on Jan 19.

On Oct 26, Najib filed the suit claiming that he had been wrongly prosecuted over several corruption charges.

In his statement of claim, Najib claimed that Thomas had committed misfeasance in public office, malicious abuse of process, and negligence.

The Pekan MP claimed he had been wrongly charged in matters such as the 1MDB case.

Najib, however, claimed the suit did not involve the SRC International Sdn Bhd case, the case where he had been convicted and sentenced to 12 years in jail and fined RM210mil.

He is seeking RM1,941,988 in damages and a declaration that Thomas had committed misfeasance in public office.