The Court of Appeal dismisses Najib Razak’s bid to reinstate his civil suit, ruling it premature and that the tort of malicious process does not exist.
PUTRAJAYA: The Court of Appeal has dismissed former prime minister Datuk Seri Najib Tun Razak’s appeal to reinstate his RM1.9 million lawsuit against former attorney-general Tan Sri Tommy Thomas.
A three-member bench led by Justice Datuk Ravinthran N. Paramaguru upheld the High Court’s ruling that the civil suit was clearly premature.
Justice Ravinthran stated the panel agreed the lawsuit was filed before the related criminal cases had even begun.
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“We also find that the tort of malicious process does not exist in our law,” said Justice Ravinthran, who presided with Justices Datuk Wong Kian Kheong and Datuk Nadzarin Wok Nordin.
The court dismissed Najib’s appeal with costs of RM12,000.
Najib was appealing the High Court’s November 25, 2022, decision to strike out his lawsuit filed on October 22, 2021.
He had claimed Thomas committed misfeasance in public office by prosecuting him over the 1Malaysia Development Berhad case.
Justice Ravinthran noted the High Court had found Thomas had immunity and his actions were non-justiciable.
“With respect to the issue of immunity and justiciability, we disagree with the High Court’s decision,” he said.
He clarified that Article 145(3) of the Federal Constitution does not confer immunity on the attorney-general regarding civil suits taken against him personally.
In his lawsuit, Najib claimed Thomas acted maliciously in preferring charges related to the 1MDB and International Petroleum Investment Company cases.
The underlying charges included abuse of power and several counts of money laundering.
Najib sought a declaratory judgment that Thomas committed the tort of misfeasance in public office.
He also claimed special damages of RM1.9 million for costs incurred engaging an audit team to prepare his defence.
Najib was represented by counsel Datuk Firoz Hussein Ahmad Jamaluddin, while counsel Alan Adrian Gomez represented Thomas.
Firoz Hussein said he would take instructions from Najib on whether to appeal today’s decision. – Bernama
