Najib fails in appeal to disqualify lawyers from Messrs Tommy Thomas to represent ex-AG

Court of Appeal three-member panel comprising Justices Datuk Hanipah Farikullah, Datuk Azimah Omar and Datuk Azhahari Kamal Ramli unanimously dismissed Najib's appeal to disqualify Alan Adrian Gomez and Mervyn Lai Wei Shiung from representing Thomas.

Justice Hanipah said there was no nexus between the two solicitors and the cause of action by Najib in his suit.

"The two solicitors would be able to maintain their professional independence and act in the best interest of the administration of justice," she said.

Justice Hanipah said the court found that there was no appealable error made by the High Court judge who dismissed Najib's application on Aug 19, last year to disqualify the lawyers, who were partners in Messrs Tommy Thomas, from representing Thomas in Najib's suit.

Najib, 70, is seeking a declaration that he (Thomas) had committed misfeasance in public office over criminal charges brought against him.

He is also seeking RM1.9 million in damages, including consultation fees for the audit team to review documentation for preparation of facts to address prosecution against him.

He claimed that he had been wrongfully charged in court in the case of 1Malaysia Development Berhad (1MDB), International Petroleum Investment Company (IPIC), abuse of power under the Malaysian Anti-Corruption Commission (MACC) Act 2009 and money laundering under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA 2001).

The former Pekan Member of Parliament claimed that the charges against him were part of a move that had been planned in advance by Thomas and it was also in line with the Pakatan Harapan government's plan at the time.

On Nov 25, last year, the High Court allowed Thomas' application to strike out Najib's misfeasance in public office suit filed against him (Thomas). Najib's appeal to reinstate the lawsuit is fixed for hearing on Oct 4.

Lawyer Datuk Firoz Hussein Ahmad Jamaluddin represented Najib while Gomez and Lai acted for Thomas.