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2023 MarsdenLR 445

HIGH COURT MALAYA KUALA LUMPUR
MOHAMMAD NAJIB TUN HAJI ABDUL RAZAK – Appellant
Versus
THOMAS THOMAS @ MOHAN K THOMAS & ANOR – Respondent


Petitioner Advocates:Dato' Firoz Husein Ahmad Jamaluddin,Yudistra Danona Dorai,AW Kai Xiang,Audrey Lim Shu Ting,Melody Tham Cheng Yee ,Respondent Advocate: Alan Adrian Gomez,Mervyn Lai,Georgina Lim (PDK)

Table of Content
1. initial claims filed and procedural context. (Para 1 , 2 , 3 , 4)
2. legal basis for striking claims against public officials. (Para 20 , 30 , 40)
3. discretion and the immunity of public prosecutors. (Para 50 , 60)
4. final ruling on claim sustainability and court process. (Para 90 , 95)
Ahmad Bache J:

A. Introduction

[1] The Plaintiff had filed a civil claim against Thomas Thomas also known as Tommy Thomas, formally appointed as the Attorney General/ Public Prosecutor ("AG/PP") of Malaysia as the First Defendant and the Government of Malaysia as the Second Defendant. However, the claim against the Government of Malaysia was eventually dropped with Tommy Thomas remained as the sole Defendant.

[2] According to the Plaintiff, this suit is premised solely on the conducts and actions of the Defendant/Tommy Thomas which essentially alleged that Tommy Thomas as the former AG/PP did not exercise his power for the authorized purpose but for his own agenda. He had allegedly interfered in the investigation and attempted to prejudice and suppress the Plaintiff. That conducts/actions of Tommy Thomas have given rise to the following causes of action upon which the Plaintiff had fil

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