KUALA LUMPUR: Former Attorney-General (AG) Tan Sri Tommy Thomas had made the right decision to charge Datuk Seri Najib Razak for corruption, the High Court ruled today.
Judge Datuk Ahmad Bache said Thomas was not reckless or committed the tort of malfeasance when he decided to charge Najib for several corruption cases involving SRC International Berhad, 1Malaysia Development Bhd (1MDB) and power abuse.
"The plaintiff (Najib) was found guilty by the High Court judge (for SRC International Bhd case) and the decision was affirmed by the Apex Court. He is now serving his jail sentence.
"That decision is a testimony and manifestation of the fact that Thomas had made the right decision to charge the plaintiff.
"Thomas owed no duty of care directly to the plaintiff as an accused in the first place, except to act professionally and fairly as Public Prosecutor (PP)," he said before he dismissed Najib's civil lawsuit against Thomas.
The former prime minister, who is serving 12 years' jail for graft, is seeking RM1.9 million in damages and a declaration that Thomas had committed misfeasance in public office.
Ahmad said Thomas as PP had a public duty to the country to charge Najib upon receiving a completed investigation from the Investigating Agencies which revealed strong and credible evidence against the Plaintiff for the many wrong doings he had purportedly committed.
"As the PP, it is incumbent upon Thomas to prefer charges against Najib and he would have been in breach of his duty if he failed to do so.
"This Court is of the considered opinion that the cause of action of misfeasance in public office and the so-called malicious process are not sustainable and a non-starter.
"Thomas did not even conduct/take part in the prosecution of Najib on-going criminal charges and he has resigned/retired," he said, adding that the claims against the defendant are obviously unsustainable and should be struck out.
Ahmad said allowing Najib's suit would open another floodgate for an on-going criminal trial to be tried in civil court on a civil balance of proof and would be seen as a collateral attack against Najib's criminal trial.
"In fact, these claims should not have been filed at all before the completion of the trials (criminal).
"It has also created confusion, and a transgression of jurisdiction between civil and criminal jurisdiction... it (the suit) is also premature and an abuse of the process of this court.
"It will also set a bad precedent that an accused person can file a claim against the AG/PP for every acquittal and even worse of all before they have been acquitted," he said.
He added allowing Najib's suit would enable an accused person to scrutinise PP's action and undermining the discretion conferred to him and his deputies to discharge their duties dutifully.
In his statement of claim, Najib, said he had been wrongfully accused in court over the four 1MDB-related cases.
He claimed the charges against him were part of a move planned in advance by Thomas, which was also in line with the Pakatan Harapan government's agenda at the time.
Najib claimed that in 2015, Thomas had met Tun Dr Mahathir Mohamad to discuss Najib's alleged wrongdoing and mismanagement involving 1MDB funds and also advised Dr Mahathir to take civil and criminal action against him over his involvement in 1MDB.
He is currently serving a prison sentence after the Federal Court upheld his conviction and sentence of 12 years' jail and RM210 million fine, on being found guilty of embezzling RM42 million in funds belonging to SRC International.
Najib is now on trial for multiple corruption charges involving the 1MDB financial scandal, audit tempering, and money laundering.