PUTRAJAYA: Former prime minister Datuk Seri Najib Razak is allowed to attend his appeal relating to a civil suit against former Attorney-General Tan Sri Tommy Thomas.
Najib, 70, who is now serving his 12 years' jail term for corruption, is expected to attend the proceedings at the Court of Appeal tomorrow morning.
Counsel Datuk Firoz Hussein Ahmad Jamaluddin confirmed this when contacted.
He said a three-member bench led by Datuk Seri Kamaludin Md Said in their unanimous decision allowed Najib's application.
The other judges who also presided in the proceedings were Datuk Lim Chong Fong and Datuk Azizul Azmi Adnan.
The former Pekan member of parliament is appealing the High Court's decision to dismiss his suit seeking RM1.9 million in damages and a declaration that Thomas had committed misfeasance in public office.
Judge Datuk Ahmad Bache in his judgment said Najib's suit against Thomas constituted a collateral attack on the prosecution of all criminal charges against the former.
He said Najib had prematurely launched a civil action based on criminal charges which had yet to be determined in the criminal court.
Ahmad said the causes of action of misfeasance in public office and the allegation of malicious process were not sustainable and a non-starter because Thomas did not even conduct the prosecution of Najib's criminal cases.
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.
Najib 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.