PUTRAJAYA: The Federal Court has granted Datuk Seri Najib Razak permission to attend the hearing of his leave application to revive an RM1.9mil civil suit against former attorney general Tan Sri Tommy Thomas for alleged public misfeasance.
A three-judge panel, chaired by Chief Judge of Malaya Justice Hashim Hamzah, allowed the application made by Najib’s lawyer S. Bala Ravi here yesterday.
The court issued an order to produce, directing prison authorities to bring Najib to court for the leave application and the substantive appeal hearing, should leave be granted.
The hearing has been fixed for Nov 26.
Also sitting on the panel were Federal Court judges Datuk Mohd Nazlan Mohd Ghazali and Datuk Azmi Ariffin.
Najib, 72, sued Thomas on Oct 22, 2021, alleging that the former AG abused his power when prosecuting him in relation to the 1Malaysia Development Bhd (1MDB) case.
He claimed Thomas had acted with malicious intent when filing charges against him in relation to the 1MDB and International Petroleum Investment Company cases.
The charges included abuse of power under Section 23 of the Malaysian Anti-Corruption Commission Act and several counts of money laundering under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act.
Najib is seeking, among others, a court declaration that Thomas had committed the tort of misconduct in public office and claimed special damages of RM1.9mil, which included the costs incurred in appointing an audit team to review documents and preparing a defence for the criminal proceedings.
On Nov 25, 2022, the High Court allowed Thomas’ application to strike out Najib’s suit without going to a full trial.
Najib appealed the High Court ruling, but a three-judge Court of Appeal panel dismissed his application on Jan 13.
The appellate court concurred with the High Court that the suit was premature because the criminal case had not yet commenced when it was filed.
On Feb 10, Najib filed the notice of motion to challenge the Court of Appeal’s decision.
The former prime minister raised three legal questions for the Federal Court’s determination and requested a one-month window to file a formal notice of appeal if leave is granted.
