KUALA LUMPUR: Former attorney general Tan Sri Tommy Thomas claims the lawsuit brought against him by former prime minister Datuk Seri Najib Razak was to harass and intimidate him from carrying out his duty as the AG and public prosecutor.
In a supporting affidavit filed on Wednesday (Nov 24), Thomas said Najib’s claims in the lawsuit were brought by “reason of malice” against him as the AG and public prosecutor who preferred the charges in all five cases where Najib stands accused.
“It is my belief that Najib does not care whether his claims are with or without merit. The plaintiff’s claim is meant to harass and intimidate me for upholding my duty as AG and public prosecutor, and having exercised my discretion under Article 145(3) of the Federal Constitution to charge him,” he said in the document.
The supporting affidavit was filed in his application to strike out Najib’s suit against him over claims of misfeasance in public office, malicious prosecution and negligence on part of the former AG and the government.
Thomas further claimed that Najib’s lawsuit was filed for political reasons and for use in the campaign leading up to the Melaka state election and the next general election which must be held by the middle of 2023.
He said this was evidenced by the fact that the allegations were only been raised by Najib for the first time in the lawsuit although he was charged as early as 2018.
Thomas added that the claims were also never raised by Najib in his SRC International Sdn Bhd trial, which saw the Pekan MP convicted and sentenced to a total of 12 years in jail and fined RM210mil.
“The plaintiff’s claims in this suit are unprecedented and without any legal basis. They are unsustainable in law,” said Thomas.
“If allowed, it would result in a (flood) of civil cases against the government, the public prosecutor, the deputy public prosecutors and all government personnel involved in the nation’s criminal justice system. That would be contrary to the national interest,” Thomas added.
Najib filed the suit on Oct 26, claiming that he had been wrongly prosecuted over several corruption charges.
In his statement of claim, Najib said Thomas had committed misfeasance in public office, malicious abuse of process, and negligence.
He claimed he had been wrongly charged in cases 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 jail, and fined RM210mil.
He is seeking RM1,941,988 in damages and a declaration that Thomas had committed misfeasance in public office.
The case is fixed for further case management on Jan 19.