: Former Attorney-General Tan Sri Tommy Thomas has succeeded in his bid to quash the suit filed by Datuk Seri Najib Abdul Razak over alleged misfeasance in public office for prosecuting him on charges involving the 1Malaysia Development Berhad .
Justice Ahmad said the court considered the opinion that the cause of action of misfeasance in public office and the so-called malicious process were not sustainable and a non-starter because Thomas did not even conduct the prosecution of the four cases.“Even if Thomas had an agenda against Najib, he would not be conducting the prosecution of the plaintiff.
Justice Ahmad said there was no necessity for this claim to go for a full trial and no reason for Thomas to come to court to explain. Justice Ahmad pointed out that legal precedents still affirmed the fact that an attorney-general’s constitutional power under Article 145 of the Federal Constitution to commence or retract criminal charges, is not one that can be challenged in court.
Thomas, through a notice of application to quash the suit, which was filed on Nov 18, 2021, among others stated that if Najib’s suit is continued and tried, it will disrupt the trial in the Criminal High Court of the criminal case against him.
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