PETALING JAYA: Najib Razak has filed an appeal to revive a suit brought against former attorney-general (AG) Tommy Thomas for misfeasance in public office.
Mervyn Lai, a lawyer in Thomas’ legal team, said a sealed copy of the notice of appeal was served on their law firm yesterday.
Counsel Yudistra Darma Dorai, appearing for Najib, said the notice of appeal had been filed on Dec 22.
On Nov 25, the High Court had allowed Thomas’ application to strike out the former prime minister’s suit.
Delivering his decision, Justice Ahmad Bache said the attorney-general had unfettered discretion to institute, reduce and withdraw charges against accused persons as provided for under Article 145(3) of the Federal Constitution.
He also said the AG had immunity from being sued for carrying out his duties and that his actions were non-justiciable, meaning they cannot be challenged in a court of law.
Najib filed the suit against Thomas last year, claiming that the 1MDB-related criminal charges brought against him were “part of a long-planned, premeditated exercise” orchestrated by the former Pakatan Harapan government which was in power between May 2018 and February 2020.
He alleged that Thomas, who was appointed the AG on June 4, 2018, carried out his duties “in line with (those) plans”.
Thomas resigned from the post on Feb 28, 2020, following the collapse of the PH government.
In his suit, Najib claimed that Thomas filed a total of 35 charges in four cases, including in connection with 1MDB and International Petroleum Investment Co (IPIC) matters.
Ahmad said there was nothing to show that Thomas had committed misfeasance in public office, had maliciously used the legal process, or had been reckless in bringing those charges.
The judge said the prosecution was entitled to bring those charges and it was for the trial courts in those cases to determine if Najib was guilty or otherwise based on evidence presented by the prosecution.
