KUALA LUMPUR (July 10): Imprisoned former premier Datuk Seri Najib Razak has been allowed to attend his appeal with regards to a RM1.9 million lawsuit against former attorney general (AG) Tommy Thomas.
Najib's appeal which is set to be held tomorrow (July 11) is with regards to the High Court decision last August which dismissed his application to disqualify the appointment of two lawyers from Messrs Tommy Thomas to represent the former AG in the suit.
During a brief proceeding on Monday (July 10), a three-member panel led by Court of Appeal (COA) judges Datuk Seri Kamaludin Md Said allowed Najib to attend the physical hearing set to be held on Tuesday.
"[The panel] unanimously allows the ex-parte application," he said.
The other judges on the panel were Datuk Lim Chong Fong and Datuk Azizul Azmi Adnan.
Earlier, Najib's lawyer Datuk Firoz Hussein Ahmad Jamaluddin told the panel that it was part of Najib's right to be present in court for one of his legal proceedings.
Najib is presently serving his 12-year jail sentence and RM210 million fine after the apex court upheld his conviction and sentence with regards to SRC International Sdn Bhd in August last year.
Judge Datuk Ahmad Bache in his ruling last August dismissed Najib's application to disqualify Thomas' lawyers and said that a litigant has the right to choose solicitors of his own choice.
The High Court judge added that current Attorney General (AG), Tan Sri Idrus Harun had given both counsels, Alan Adrian Gomez and Mervyn Lai the consent (fiat) on July 29 this year to represent Thomas.
Najib's main suit filed in October 2021 revolves around the charges brought against him in criminal cases linked to 1Malaysia Development Bhd (1MDB). He claims that the charges are part of a “long-planned, premeditated exercise” by the then Pakatan Harapan government.
He was suing Thomas for misfeasance in public office, malicious process, and negligence.
Thomas served as AG from June 2018 till February 2020.
The High Court had allowed Thomas' bid to strike out Najib's lawsuit without the matter going to full trial in November last year.
Najib is also appealing this decision and the matter is slated to be heard in October this year.