KUALA LUMPUR: Former Attorney-General Tan Sri Tommy Thomas (AG) claimed that Datuk Seri Najib Razak's lawsuit was an attempt to harass and intimidate him from carrying out his duty as the AG and public prosecutor to prefer charges against the former prime minister.
Thomas said this in his affidavit in support of his application to strike out Najib's suit over claims of misfeasance in public office, malicious prosecution and negligence on part of the former AG and the government.
"It is my belief that Najib does not care whether his claims are with or without merit. It is meant to harass and intimidate me for upholding my duty and having exercised my discretion under Article 145 (3) (of the Federal Constitution)," he said.
Thomas claimed that Najib's legal action was a 'political suit' filed for political reasons and for the use in the campaign leading up to the Malacca state election and the next general election which must be held by the middle of 2023.
He said although Najib had been charged with various criminal offences between 2018 and 2019, the latter had never raised his claims in his defence, including the defence in his SRC International Sdn Bhd trial, which concluded on July 28, 2020, where he was convicted by the High Court.
Thomas said as a public prosecutor at the time, he did not owe a duty of care to criminals like Najib, because of the adversarial system under the laws of Malaysia, among others.
He said if Najib's suit goes to trial on the civil balance of proof, it would result in the charges against the latter being retried while his criminal trial is ongoing.
This, Thomas said is not sustainable in law and also against public interest.
He said he decided to prefer charges against Najib, after perusing the investigation papers (IP) submitted to him and after discussing the IP with the relevant officers.
He said only after that, he was satisfied that there was a strong case against Najib.
Thomas and the government as the defendants filed the application to strike out the suit on Nov 19, on grounds that Najib has no reasonable cause of action against them and that his claims were obviously unsustainable.
Najib filed the suit on Oct 22 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: the 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 and 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' jail, and a fine of RM210 million.
He was sentenced after being 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 tampering, and money laundering.
Najib claimed that Thomas decided to prosecute him for multiple graft charges even though the 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.
The case will come up for case management on Jan 19, next year.