PUTRAJAYA, Sept 28 — Tun Dr Mahathir Mohamad and two others have filed an application for leave to appeal to the Federal Court over their misfeasance in public office lawsuit against Prime Minister Datuk Seri Najib Razak relating to 1Malaysia Development Berhad (1MDB).
The motion was filed by the law firm of Haniff Khatri Abdulla with the Federal Court registrar today.
In the motion, four legal questions were posed. One of the questions is whether the torts of misfeasance in public office or breach of fiduciaries in public office concerned with the nature of work of a person itself, rather than the “chair or position” held by the person.
On Aug 30, this year, the Court of Appeal dismissed the appeal brought by the former prime minister, former Batu Kawan Umno division vice-chairman Datuk Seri Khairuddin Abu Hassan and former Langkawi Wanita Umno member Anina Saadudin.
They had appealed against the High Court’s decision in striking out their lawsuit against Najib.
Dr Mahathir, Khairuddin and Anina sued Najib on March 23, 2016, and the prime minister subsequently, filed an application on April 19, this year to strike it out.
On April 28, this year, the High Court allowed Najib’s application to strike out the suit, ruling that the prime minister was not a public officer but a member of the administration.
The Court of Appeal three-man bench led by Justice Tan Sri Idrus Harun held that the appeal did not have merits and ordered them to pay RM30,000 costs to Najib. — Bernama