Judge Ahmad Bache said it is trite law that a litigant has a right to get a lawyer of his choice.
Further, he said the present Attorney-General Idrus Harun, has given a fiat to Alan Gomez and Lai Wei Shiung to represent Thomas.
He said Idrus would have considered all factors before the fiat was issued, as under ordinary circumstances, Thomas would have been represented by a senior federal counsel.
“So, the two lawyers have the locus standi to represent the first defendant (Thomas)” the judge said in oral grounds.
In his suit, Najib claimed that the 1MDB-related charges against him during Thomas’ tenure were “part of a long-planned, premeditated exercise”.
He is seeking RM1.94 million in damages.
However, Thomas and the government are seeking to nullify the lawsuit on grounds that the case is frivolous, vexatious and an abuse of court process.
The striking out application is yet to be heard.
Firoz Hussein Ahmad Jamaluddin, who represented Najib, argued last week that the lawyers should not act for Thomas as he was a party to the present suit.
Further, he said, Thomas was the founder of Tommy Thomas Advocates & Solicitors and the lawyers are now its partners and shareholders, resulting in them not being able to maintain professional independence and act objectively in the best interest of the administration of justice.
Firoz also argued that there exists pecuniary and personal interest between the two.
Thomas was AG and public prosecutor between June 2018 and February 2020. He has since returned to the firm but only as a consultant.
Ahmad pointed out that the firm and the two lawyers 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 the supporting affidavit (by Najib),” he added.
The judge said the lawyers were, therefore, not put in an embarrassing position from acting for Thomas, nor did they breach the Legal Profession Act and Bar Council rulings.
Ahmad said there will be no prejudice against Najib as the conduct of the lawyers will be strictly supervised by the court.
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