They said the legal action was frivolous, vexatious and an abuse of the court’s process, and that law enforcement agencies had an obligation to brief the media on important public interest cases.
Lawyer Syed Iskandar Syed Jaafar Al-Mahdzar said Najib had been investigated and charged over cases related to public funds that had gone missing.
“The previous Barisan Nasional government used the Official Secrets Act to conceal facts about the source of funds as well as possession of assets disproportionate to the incomes earned by the persons concerned.”
He said it was the duty of investigation agencies to hold media briefings to keep the public informed.
“It is nonsensical to call this a trial by media,” he added.
He was responding to Najib’s claim that AG Tommy Thomas, Malaysian Anti-Corruption Commission chief Mohd Shukri Abdull and police commercial crime head Amar Singh were prejudiced against him.
Badrul Abdullah, who leads one of two Malaysian legal firms representing Najib, said the suits filed on June 30 were based on past statements made by the three individuals.
“We are seeking a court decision on whether there is an element of conflict of interest among the individuals handling the case,” Badrul told Reuters.
However, lawyer SN Nair said Thomas’ previous articles in the media were only comments which he was entitled to express.
“Najib should have sued him or lodged a police report for criminal defamation, which he did not.
“The AG has a duty to prosecute and he will do it based on evidence alone. He is not relying on conjecture.”
Nair also said it was Amar’s duty to update the media about investigations, adding that the police probes were related to 1MDB not SRC International.
As for Shukri, Nair said the anti-graft chief was merely expressing his personal feelings, which were general in nature.
On May 22, Shukri told the media how he had feared for his safety in late July 2015 following a clampdown on an investigation into 1MDB.
Meanwhile, lawyer R Kenghadharan said all public officers were public guardians and must be allowed to discharge their duties without fear or favour.
“Such officers must be accorded immunity from prosecution and civil suits unless misfeasance is established,” he said.
Last week, Najib was charged with three counts of criminal breach of trust and one count of abuse of power in relation to RM42 million from SRC International which was transferred to his personal bank account.
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