PUTRAJAYA: The Federal Court has adjourned the hearing of a leave application filed by Datuk Seri Najib Razak in his bid to revive his RM1.9mil civil suit against former attorney general Tan Sri Tommy Thomas because the former prime minister is unwell.
A three-judge panel, in a split 2-1 decision, allowed the oral application by Najib's lawyer Datuk Firoz Hussein Ahmad Jamaluddin who sought to postpone the matter until Najib is well enough to attend.
It was recently reported that Najib underwent a coronary angiogram.
Thomas' lawyer Alan Gomez, however, objected to the application, stating that Najib's presence was not required as the matter was only a leave application.
After a short recess, the panel reconvened to deliver the split decision in which Court of Appeal president Justice Abu Bakar Jais and Federal Court judge Justice Azmi Ariffin both allowed the adjournment while Justice Azimah Omar dissented.
Justice Azmi reminded parties that this would be the last adjournment and the matter would proceed in the next hearing whether Najib could attend or not.
Justice Abu Bakar, who chaired the panel, said the only parties in the legal action before the court were Najib and Thomas and the former premier had expressed his wish to attend.
Meanwhile, Justice Azimah who held the dissenting view, did not mince her words when she rebuked Najib's counsels for submitting the application to adjourn at the last minute.
"If you already know that you are on MC on July 24 and you are serious enough to be present in court, you must submit (the application to postpone) on the day itself.
"This would have saved the judges' time! We have cases everyday that we need to read. We took hours to read your files. The application for adjournment should be declined," she added.
Speaking to the press later, Firoz said Najib was currently on medical leave until Aug 1.
"The new date for the hearing will be fixed on a later date through case management," he said.
Najib, 73, filed the notice of motion on Feb 10, seeking to challenge the Court of Appeal's decision, which upheld the High Court's ruling to dismiss his suit.
In the application, Najib raised three legal questions for determination by the Federal Court and requested permission to file a notice of appeal within one month should leave be granted.
On Jan 13, a three-judge panel of the Court of Appeal, led by Justice Ravinthran N. Paramaguru, agreed with the High Court that the suit was clearly premature because the criminal case had not yet commenced when it was filed.
On Nov 25, 2022, the High Court allowed Thomas' application to strike out Najib's suit without a full trial.
The former Pekan MP filed the suit on Oct 22, 2021, alleging that Thomas abused his power while prosecuting him in relation to the 1Malaysia Development Berhad (1MDB) case.
In his lawsuit, Najib claimed that Thomas acted maliciously in preferring the charges against him regarding the 1MDB and International Petroleum Investment Company (Ipic) cases.
Thomas served as AG from June 4, 2018, to Feb 28, 2020.
Najib sought a court declaration that Thomas committed the tort of misfeasance in public office.
He is also claiming special damages of RM1.9mil, comprising costs incurred for engaging an audit team to review documentation and prepare his defence for the criminal proceedings.
