Mohammad Najib Bin Tun Haji Abdul Razak Thomas Thomas @ Mohan a/l K. Thomas

Mohammad Najib Bin Tun Haji Abdul Razak Thomas Thomas @ Mohan a/l K. Thomas

The Attorney General is not immune as a matter of law from civil actions for abuse of prosecutorial power, but on the pleaded facts the appellant's claims fail: the misfeasance plea was premature while prosecutions were pending and lacked particulars of bad faith; the malicious process plea was inapposite to criminal prosecutions capable of terminating in the appellant's favour; negligence and article 8 claims were unsustainable or frivolous. For these reasons the High Court's striking out of the statement of claim is upheld and the appeal is dismissed.

Citation
W-01(IM)(NCvC)-907-12/2022 (Mahkamah Rayuan)
Parties
Appellant: Mohammad Najib bin Tun Haji Abdul Razak; Respondent: Thomas Thomas @ Mohan a/l K. Thomas; Former Defendant: Government of Malaysia
Court
IM
Jurisdiction
Malaysia
Judgment Date
13 January 2026
Case Number
W-01(IM)(NCvC)-907-12/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal From High Court Striking Out Order / Court of Appeal Judgment (final Disposition)
Outcome
Appeal dismissed
Legal Topics
Prosecutorial Discretion, Immunity From Suit, Misfeasance in Public Office, Malicious Prosecution, Abuse of Process, Negligence, Judicial Review, Article 145(3) Federal Constitution, Article 8 Federal Constitution
Source Language
Malay/English
Constitutional Law Tort Law Civil Procedure Public Law Prosecutorial Discretion Immunity From Suit Misfeasance in Public Office Malicious Prosecution +5 more

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Parties

Mohammad Najib bin Tun Haji Abdul Razak

Appellant

Thomas Thomas @ Mohan a/l K. Thomas

Respondent

Government of Malaysia

Former Defendant

Procedural Posture

Civil Appeal From High Court Striking Out Order / Court of Appeal Judgment (final Disposition)

Legal Issues

  1. 1 Whether the Attorney General enjoys immunity from civil suit for exercise of prosecutorial discretion under article 145(3) FC
  2. 2 Whether the exercise of prosecutorial discretion is justiciable
  3. 3 Whether pleaded causes of action (misfeasance, malicious process, negligence, breach of article 8) disclose reasonable cause of action

Ratio Decidendi

The Attorney General is not immune as a matter of law from civil actions for abuse of prosecutorial power, but on the pleaded facts the appellant's claims fail: the misfeasance plea was premature while prosecutions were pending and lacked particulars of bad faith; the malicious process plea was inapposite to criminal prosecutions capable of terminating in the appellant's favour; negligence and article 8 claims were unsustainable or frivolous. For these reasons the High Court's striking out of the statement of claim is upheld and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • High Court order striking out the plaintiff's claim under Order 18 r.19(1) of the Rules of Court 2012 stands
  • Costs awarded to respondent in the sum of RM12,000.00 payable subject to allocatur