KUALA LUMPUR, Jan 13 — Former prime minister Datuk Seri Najib Razak failed in his bid to revive a RM1.9 million lawsuit against former attorney-general Tan Sri Tommy Thomas, after the Court of Appeal today dismissed his appeal.

According to Free Malaysia Today, a three-member panel comprising Justices P Ravinthran, Wong Kian Kheong, and Nadzarin Wok Nordin upheld the High Court’s November 25, 2022 ruling that had struck out the suit.

Najib had filed the civil suit in 2020, claiming misfeasance in public office, malicious process, and negligence in Thomas’ exercise of prosecutorial discretion under Article 145(3) of the Federal Constitution, relating to the 1MDB and International Petroleum Investment Company (IPIC) criminal charges. 

He sought RM1.9 million in special damages, reportedly for costs incurred in engaging an audit team to review documents and prepare his defence.

Justice Ravinthran said the panel agreed with the High Court that the civil action was premature, as the criminal proceedings had not yet commenced when Najib filed the suit. 

He added that the tort of malicious process does not exist under Malaysian law.

However, the court disagreed with the High Court’s finding that Thomas enjoyed immunity and that his actions were non-justiciable. 

“Article 145(3) of the Federal Constitution does not confer immunity to the attorney-general with respect to civil suits taken against him personally,” the judge said, noting that precedents cited by the High Court were inapplicable where the AG’s discretion in criminal cases was challenged.

The appeal court also ordered Najib to pay RM12,000 in costs to Thomas.

Najib was represented by Firoz Hussein and Yudistra Darma Dorai, while Thomas was represented by Alan Adrian Gomez.