PUTRAJAYA (Nov 19): Imprisoned former prime minister Datuk Seri Najib Razak’s appeal of his RM1.9 million malfeasance in public office suit against former attorney general (AG) Tan Sri Tommy Thomas has been vacated yet again.
The matter was postponed as appellate court (COA) judge Datuk Faizah Jamaluddin, who was part of the three-member panel slated to hear the case on Tuesday, recused herself.
At the onset of the hearing, Najib’s counsel Datuk Firoz Hussein Ahmad Jamaluddin made an oral application to recuse the judge on the grounds that her husband, Datuk Mohammad Faiz Azmi — a former executive chairman of PricewaterhouseCoopers Advisory Services Sdn Bhd (PwC) — was involved with 1Malaysia Development Bhd (1MDB)’s asset recovery and debt management.
“As the issues [are] connected to 1MDB, I am compelled to make the application. It casts no aspersions on the integrity or independence of the judge,” Firoz said.
Mohammad Faiz, who is currently the executive chairman of the Securities Commission (SC), was appointed as the chairman of the executive committee (exco) by 1MDB in 2018, as part of the services provided by PwC to the strategic development company.
In reply, Thomas’s counsel, Alan Gomez, noted that he wasn’t sure how 1MDB’s asset recovery and debt management was related to the present case, which concerns malfeasance in public office, but he was mindful that justice must be seen to be done.
Faizah then recused herself and in addressing the parties, said that “In the interest of justice, it would be best that I do not hear this appeal”.
Faizah was part of the panel on Monday, which was chaired by COA judge Datuk Hashim Hamzah. Datuk Azmi Ariffin was the other judge presiding over the matter.
Najib filed the suit against Thomas in October 2021, revolving around the charges brought against him in criminal cases linked to 1MDB. He claims that the charges are part of a “long-planned, premeditated exercise” by the then Pakatan Harapan government.
The ex-PM was suing Thomas for misfeasance in public office, malicious process, and negligence.
Thomas then applied to strike out the suit.
Second recusal
This is the second time an appellate court judge has recused themselves from hearing this case.
In October last year, COA judge Datuk Azizah Nawawi had recused herself from hearing the matter, as her husband Datuk Nik Suhaimi Nik Sulaiman was the head of the Attorney General’s Chambers’ appellate and trial division when Thomas was the AG.
The matter now has been set for case management on Dec 3. Firoz told the court that they would go through the list of judges and highlight the handful who were already involved in any 1MDB or SRC related matters, so that the matter will not be delayed further.
Najib was also represented by Yudistra Darma Dorai, while Mervyn Lai and Haikaldin Mahyidin also appeared for Thomas.
Najib is appealing the High Court’s decision in November 2022, which allowed Thomas’ bid to strike out the lawsuit, without the matter going to full trial.
High Court judge Datuk Ahmad Bache said Najib’s claims against Thomas were unsustainable, and there were no reasonable causes of action in the first place.
Ahmad said that the ex-PM should have waited for the outcome of his ongoing criminal cases. If those resulted in an acquittal, then Najib could file this civil suit.
Ahmad added that the suit was premature, in light of Najib’s ongoing criminal cases, and would result in a separate trial being heard, not only at the criminal court, but also at the civil court.