KUALA LUMPUR (Feb 8): Imprisoned former prime minister Datuk Seri Najib Razak's appeal to reinstate his RM1.9 million malfeasance in public office suit against former attorney general Tan Sri Tommy Thomas will now be heard on Oct 8.

The matter was initially set for hearing on Monday (Feb 5) but was vacated. Lawyer Haikaldin Mahyidin, who is part of Thomas' legal team, confirmed the new hearing date with The Edge when contacted.

"It will be a physical hearing. Next case management on Sept 24," he said.

Najib, who is also a former finance minister, is appealing the High Court's decision in November 2022 which allowed Thomas' bid to strike out the lawsuit without the matter going to full trial.

High Court judge Datuk Ahmad Bache said Najib's claims against Thomas were unsustainable and there were no reasonable causes of action in the first place.

Ahmad said the former PM should have waited for the outcome of his ongoing criminal cases. If those resulted in an acquittal, then Najib could file this civil suit. The former finance minister still has three pending criminal cases against him.

The judge added that the suit was premature in light of Najib's ongoing criminal cases and would result in a separate trial being heard not only in the criminal court but also in the civil court.

Najib filed the suit against Thomas in October 2021, revolving around the charges brought against him in criminal cases linked to 1Malaysia Development Bhd (1MDB). The former prime minister claimed that the charges are part of a “long-planned, premeditated exercise” by the then Pakatan Harapan government.

The ex-PM was suing Thomas for misfeasance in public office, malicious process and negligence. Thomas then applied to strike out the suit.