Najib sues Tommy Thomas, govt over wrongful prosecution

Najib sues Tommy Thomas, govt over wrongful prosecution

Najib Abdul Razak has hauled former attorney-general Tommy Thomas to court over the former prime minister’s alleged wrongful prosecution for several criminal cases.

Through law firm Raj, Ong & Yudistra, the former prime minister filed the lawsuit at the High Court in Kuala Lumpur on Oct 22. The legal action named Thomas and the government as defendants.

According to a copy of the statement of claim seen by Malaysiakini, plaintiff Najib contends that Thomas has committed misfeasance in public office, malicious process, and negligence.

The former premier claimed that the government is vicariously liable for the alleged acts done by Thomas (above).

Najib stated that Thomas’ alleged acts were in relation to criminal charges levelled against the former in relation to the 1MDB case, the International Petroleum Investment Company (IPIC) case, two cases of alleged abuse of power and money laundering under the MACC Act 2009 (collectively known as the four cases).

The former finance minister, however, stated that it does not involve charges in relation to SRC International Sdn Bhd, a former 1MDB subsidiary that later became wholly owned by the Minister of Finance Incorporated (MoF Inc).

Najib claimed that following the emergence of the then Dr Mahathir Mohamad-led Pakatan Harapan administration following the 14th general election in 2018, he was hit with 35 criminal charges linked to the four cases.

I'm gonna git ya Najib

“The following facts will show that the charges against Najib Razak was part of an act that has long been planned and crafted early by Tommy Thomas. Also, this was in line with the plans of the then government.

“As the attorney-general, he had carried out his duties, in relation to Najib Razak, as though he was an agent of Pakatan Harapan.

“In fact, he would later link Najib Razak’s party United Malays Umno Organisation (Umno), with Najib Razak himself, the Malays, and driving force for Islamisation,” Najib claimed.



The former premier also alleged that before and even after becoming attorney-general, Thomas had made many comments that prejudiced him.

Najib claimed that among these are that he was a criminal that was in cahoots with 1MDB-linked fugitive Low Taek Jho or Jho Low, even before the Pekan MP’s charges came up for trial before the courts.

The plaintiff is seeking, among other reliefs, a declaration that Thomas has committed misfeasance in public office, over RM1.9 million, as well as general and exemplary damages.

According to the online cause list, the matter is fixed for case management before the Kuala Lumpur High Court Registry on Nov 19.

Back in February, it was reported that Najib filed a letter of demand against Thomas in relation to the latter’s memoir 'My Story: Justice in the Wilderness'.

Najib then had demanded the now civil practice lawyer to retract the memoir, issue an apology and pay RM10 million damages in relation to allegations contained in the book.

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MM:

Najib sues ex-AG Tommy Thomas, govt for RM1.9m, claims was maliciously prosecuted

In the lawsuit, Datuk Seri Najib Razak is claiming for a declaration that Tommy Thomas had committed misfeasance in public office, and RM1,941,988 to compensate for the alleged losses that he had suffered so far, general damages, exemplary damages and aggravated damages. ― Picture by Miera Zulyana

KUALA LUMPUR, Oct 26 — Former prime minister Datuk Seri Najib Razak has filed a civil lawsuit against former attorney-general Tan Sri Tommy Thomas and the Malaysian government for having pressed criminal charges against him in four trials, claiming that the then attorney general had allegedly abused his powers to prosecute him.

In the lawsuit filed on October 22 in the High Court in Kuala Lumpur, Najib is claiming for a declaration that Thomas had committed misfeasance in public office, and RM1,941,988 (or RM1.9 million) to compensate for the alleged losses that he had suffered so far, general damages, exemplary damages and aggravated damages.

In the breakdown of the alleged RM1.9 million loss suffered by Najib so far, these were listed his statement of claim as RM310,115 for “medical expenses suffered due to anxiety and stress caused by the prosecutions”, RM1,005,200 for “consultation fees for audit team to perform documentation review in order to prepare the facts to face the prosecutions”, RM56,673 for “travel expenses from September 2018 to date incurred in relation to fighting the court charges”, RM90,000 for “wasted costs due to being unable to travel overseas due to the conditions of the bail imposed”, and RM480,000 for “engagement of other services, including security personnel and clerical staff in dealing with the charges”.

When contacted by Malay Mail, lawyer Yudistra Darma Dorai — from the law firm who had filed the lawsuit for Najib — confirmed that the lawsuit has been filed, but said it has yet to be served on those being sued.