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Court allows Najib to attend proceedings in civil suit against ex-AG Thomas

The judge says that Najib, as the plaintiff, has a right to hear his civil case.

2 minute read
Former prime minister Najib Razak.
Former prime minister Najib Razak.

The Kuala Lumpur High Court today allowed Najib Razak’s application to attend the court proceedings on his RM1.9 million civil lawsuit against former attorney-general Tommy Thomas on Oct 21.

Judge Ahmad Bache ruled that Najib, as the plaintiff, had a right to hear his civil case.

"If in a criminal trial, an order to produce may be made. It (the striking-out application) may be interlocutory in nature. This court agrees with your application and allows the order as applied," Ahmad said during the online proceedings today.

On Oct 21, the court is scheduled to continue hearing Thomas’ application to strike out Najib's suit.

At the outset, Najib’s counsel Yudistra Darma Dorai submitted that the court had the power to grant an ex-parte application by his client, who is currently serving a 12-year jail sentence in Kajang Prison, to attend court proceedings under Section 30 of the Prisons Act.

Section 30 states that whenever the presence of a prisoner is required in a court having civil or criminal jurisdiction, the court may issue an order in the prescribed form addressed to the officer-in-charge, requiring the production of that prisoner at the time and place to be named in the order.
Najib filed the suit on Oct 22 last year, claiming that the charges against him were part of a move planned in advance by Thomas and in line with the Pakatan Harapan government’s plan at the time.

Najib, 69, claimed that he had been wrongly accused in court in the case of 1MDB, International Petroleum Investment Company , abuse of power under the Malaysian Anti-Corruption Commission Act 2009 and money laundering under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

He is seeking a declaration that Thomas committed misfeasance in public office as well as RM1.9 million in damages including negotiation fees for an audit team to review documentation for the preparation of facts to deal with the prosecution against him.