THE Kuala Lumpur High Court yesterday (Aug 19) dismissed Datuk Seri Najib Razak’s application to disqualify the appointment of two lawyers from Messrs Tommy Thomas to represent former attorney-general (AG) Tan Sri Tommy Thomas in the former prime minister’s RM1.9 mil civil suit.
Judge Datuk Ahmad Bache, in his broad grounds, said it is trite, particularly in common law and in practice, that a litigant has the right to choose a solicitor of his own choice.
He added that current AG Tan Sri Idrus Harun gave both counsels, Alan Adrian Gomez and Mervyn Lai, the consent or fiat on July 29 this year to represent Thomas.
This is even though Thomas was sued in his capacity as a Government officer at the time, and who should ordinarily be represented by a senior federal counsel from the Attorney General’s Chambers (AGC).
“The present AG must have considered all the requirements expected of the two counsels representing Thomas, before granting the consent or fiat, including their ability to act professionally and in the best interest of the administration of justice,” Ahmad said during an online proceeding.
Najib, in his application to disqualify the two lawyers, had questioned whether the duo would be able to maintain their professional independence and act objectively in the suit filed on Oct 22 last year for a declaration that Thomas had committed misfeasance in public office over criminal charges brought against him.
The Pekan MP, who named Thomas and the Government as the first and second defendants, respectively, claimed 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.
Thomas, who resigned as AG on February 28, 2020, was a founder and consultant or partner of the legal firm, while his partners also had financial interests in the firm.
“No nexus”
Meanwhile, as to the argument that there is a personal and pecuniary interest involved between the two counsels and the firm, Ahmad ruled they have no “nexus” with the dispute between Najib and Thomas.
“It was not even satisfactorily established or proved of the personal and pecuniary interest in Najib’s supporting affidavit.
“From the affidavit in reply by the defendants, it was affirmed that neither the two counsels nor the other partners or associates of the firm were involved in the prosecution of the plaintiff.
“Hence, it is very unlikely that they will be witnesses,” said the judge.
Ahmad said even though Thomas was the founder of the firm, he is no longer a partner and is, in fact, just a consultant who does not enjoy any profit as he does not have any shares in the firm.
“He (Thomas) does not even have a practising certificate, which was cancelled following his appointment as the AG,” he added. “Hence, there is no pecuniary interest between the firm and Thomas.”
The court also observed that there was no similar objection raised by Najib in another suit filed by him against Thomas in the Shah Alam High Court.
Therefore, Ahmad said it is clear that Najib is taking an “inconsistent position”.
He further said there will be no prejudice against Najib as the conduct of the two counsels will be strictly supervised by the court, and so the court should not readily accede to the application to nullify the appointment of the duo.
He added that there is no convincing evidence to show that the two counsels will not be able to maintain professional independence or act objectively and in the best interest of the administration of justice.
The judge dismissed Najib’s application to disqualify the two counsels from Messrs Tommy Thomas with costs of RM3,000.
He also fixed Sept 9 to hear the defendants’ application to strike out Najib’s suit. – Aug 20, 2022
Main photo credit: The Edge Markets
