Najib's suit against govt - A collateral attack against criminal charges made against him - Prosecution

In the suit, Najib claimed that Thomas violated had committed misfeasance in public office for prosecuting him on charges involving the 1Malaysia Development Berhad (1MDB) funds.

The government, in an affidavit-in-reply by deputy public prosecutor Ahmad Akram Gharib to quash Najib's suit, stated that the civil suit by Najib was a collateral attack on his trial in the criminal court.

"I truly believe that the action by the plaintiff (Najib's) is an abuse of the court process and intended as a collateral attack on the criminal charges against him and done through a different jurisdiction," said Ahmad Akram .

He said Najib's claim that there were new developments in the 1MDB fund embezzlement scandal should be raised in a criminal trial and not through a suit.

Najib filed the suit against the Malaysian government and Thomas on Oct 22 last year, claiming that he had been wrongly prosecuted in the case of 1MDB, International Petroleum Investment Company (IPIC), abuse of power and money laundering and seeking RM1.9mil in damages.

The Pekan MP 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.

Najib claimed that in 2015, Thomas had met Tun Dr Mahathir Mohamad to discuss wrongdoings and mismanagement allegedly over the 1MDB funds and also advised Dr Mahathir to take civil and criminal action against Najib over his involvement in 1MDB.

Meanwhile, Thomas, in his affidavit-in-reply filed last Feb 3, stated that the 1MDB-related charges against Najib were made after he was convinced that there was a strong case.

He said investigation was also carried out by the Malaysian Anti-Corruption Commission (MACC) and the investigation papers were in accordance with existing laws and practices.

"The allegation that I formed an opinion about Najib being guilty even before I took office as the Attorney General, is not true," he said, adding that his personal opinion was irrelevant as Najib had been found guilty in one of the cases by the High Court, and verified by the Court of Appeal.

The High Court sat April 15 for the case management .