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Najib Razak allowed to attend hearing in bid to revive suit against Tommy Thomas

Malaysia’s Federal Court ordered prison authorities to bring the former prime minister to a November hearing on whether his civil case can proceed on appeal.

2008 portrait of Najib Razak.
Context photograph: 2008 portrait of Najib Razak. Government of Malaysia, Najib Razak 2008-08-21 (resized and converted to WebP). CC BY-SA 3.0.Image sourceImage licence: CC BY-SA 3.0
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Malaysia’s Federal Court allowed former prime minister Najib Razak on Oct 28 to attend a Nov 26 hearing in Putrajaya on whether he may appeal the dismissal of his RM1.9 million civil suit against former attorney-general Tommy Thomas, The Star/Asia News Network reported in The Straits Times. The decision concerns Najib’s attendance; the court has yet to decide whether to hear the appeal.

A three-judge panel chaired by Chief Judge of Malaya Hashim Hamzah granted an application made by Najib’s lawyer, Bala Ravi, the report said. The court issued an order requiring prison authorities to bring Najib to the leave hearing and, if leave is granted, to the subsequent hearing of the appeal. Federal Court judges Mohd Nazlan Mohd Ghazali and Azmi Ariffin also sat on the panel.

Why Najib wants to revive the suit

Najib sued Thomas in October 2021, alleging that the former attorney-general abused his power and acted with malicious intent when bringing charges connected to the 1Malaysia Development Berhad, or 1MDB, and International Petroleum Investment Company cases. He seeks, among other remedies, a declaration that Thomas committed misconduct in public office and RM1.9 million in special damages, including expenses for an audit team and preparation of his criminal defence, according to The Star/Asia News Network.

The High Court struck out the suit in November 2022 without a trial. The Court of Appeal dismissed Najib’s challenge on Jan 13, agreeing that the civil action was premature because the criminal case had not yet commenced when he filed it. Najib filed a motion on Feb 10 raising three legal questions for the Federal Court and requesting permission to file a notice of appeal within a month if leave is granted. Thomas served as attorney-general from June 2018 to February 2020.

The wider 1MDB context

Najib has been imprisoned since 2022 following his conviction in the separate SRC International case and has maintained his innocence, the South China Morning Post reported. The paper also reported that Malaysia’s second finance minister told parliament on Oct 28 that further recovery of assets overseas would still leave 1MDB with losses in the tens of billions of ringgit. That financial account is context for the broader scandal; it does not determine Najib’s allegations against Thomas or the pending leave application.

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