KUALA LUMPUR: Former Attorney-General (AG) Tan Sri Tommy Thomas and the government have applied for the lawsuit against them filed by Datuk Seri Najib Razak over "malicious prosecution" to be struck out.
The application was filed at the High Court, yesterday.
In the application, Thomas and the government who were the defendants in the suit claimed that the former prime minister's legal action was a disgrace, frivolous and an abuse of the court process.
This, they claimed was because Najib has no reasonable cause of action against them and that his claims were obviously unsustainable.
Therefore, the defendants said the suit should be struck out.
Deputy public prosecutor Ahmad Akram Gharib who conducted Najib's criminal trials involving 1Malaysia Development Bhd (1MDB) had in an affidavit in support said the suit filed by the latter was merely a collateral attack upon his ongoing trials.
"The legal action by the plaintiff (Najib) is merely a collateral attack on his criminal trials to delay the proceedings," Akram said in the affidavit.
He said if the trial of the lawsuit were to proceed, it would disrupt the plaintiff's ongoing criminal cases in court.
He also said Najib had also failed to show sufficient material facts and details on his claims of misfeasance in public office, malicious abuse of process as well as negligence on part of the defendants.
Meanwhile, Najib's lawyer Yudistra Darma Dorai when contacted today confirmed about the striking out application.
"Among others, they (defendants) are attempting to rely on reasons that the AG has immunity and that my client's action is apparently a collateral attack intended to disrupt the criminal proceedings.
"My client will of course fight the application. He intends to have his grievances aired in court," he said after the matter came up for case management before deputy registrar Syeela Marlina Uttaman via e-review today.
He said the court has set Jan 19, next year, for further case management.
Najib had filed the suit on Oct 26 claiming that he had been wrongly prosecuted over several corruption charges against him.
In his statement of claim, the Pekan member of Parliament claimed that Thomas had committed misfeasance in public office, malicious abuse of process, and negligence.
He claimed the wrong charges involved several criminal cases namely:
* 1Malaysia Development Bhd (1MDB) case.
* The International Petroleum Investment Company (IPIC) case.
* The alleged abuse of power under the Malaysian Anti-Corruption Commission (MACC) Act case.
* The alleged money laundering under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 case.
However, Najib claimed the suit did not involve the SRC International Sdn Bhd case, which had seen him convicted and sentenced to 12 years jails, and RM210 million fine.
He was sentenced after he was found guilty of misappropriating RM42 million of SRC International Funds.
He is now on trial for multiple corruption charges involving the 1MDB financial scandal, audit tempering, and money laundering.
Najib claimed that Thomas decided to prosecute him for multiple graft charges even though MACC in its investigation papers found no wrongdoings.
Najib claimed that Thomas, who was AG until Feb 28, 2020, had made many disparaging comments against him before he was appointed as the AG.
Najib claimed he had lost his reputation and brought injury to his political career.
He is seeking RM1,941,988 in damages and a declaration that Thomas had committed misfeasance in public office.
