KUALA LUMPUR: The High Court here has fixed Nov 25 to deliver its decision on an application by former attorney general (AG) Tan Sri Tommy Thomas, who is seeking to strike out Datuk Seri Najib Razak's lawsuit for wrongful prosecution.
Justice Ahmad Bache set the date after hearing submissions from both parties in an open court proceedings here on Friday (Oct 21).
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Earlier, lawyer Yudistra Darma Dorai, who represented Najib, submitted that Thomas was prejudiced against the Pekan MP when it came to the handling of the 1Malaysia Development Bhd (1MDB) cases.
He said Thomas made many disparaging comments about Najib even before he was appointed as AG, and Najib's name also came out in his (Thomas) memoirs.
Meanwhile, Thomas' lawyer Alan Adrian Gomez argued that the AG has the power to charge any individual under Article 145(3) of the Federal Constitution.
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He said in Najib's SRC International case, Thomas was not involved in the investigation.
"The evidence came from the Malaysian Anti-Corruption Commission (MACC) and the police. The case was then referred to the Attorney General's Chambers which resulted in Najib's charging," he said.
Najib was present for the proceedings.
On Oct 22 last year, Najib filed the suit claiming that the charges against him were part of a move that had been planned in advance by Thomas and also in line with the Pakatan Harapan government’s plan at the time.
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Najib, 69, claimed that he had been wrongly accused in court in the case of 1Malaysia Development Berhad, International Petroleum Investment Company (IPIC), abuse of power under the MACC Act 2009 and money laundering under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
He is seeking a declaration that Thomas committed misfeasance in public office as well as RM1.9mil in damages including negotiation fees for the audit team to review documentation for the preparation of facts to deal with the prosecution against him.
