Mervyn Lai, a lawyer in Thomas’ legal team, said the date was fixed during case management conducted online by senior assistant registrar Tiong Wen Wen.
On Nov 25, the Kuala Lumpur High Court allowed Thomas’ application to strike out the former prime minister’s suit.
Delivering his decision, Justice Ahmad Bache said the attorney-general had unfettered discretion under Article 145(3) of the Federal Constitution to institute, reduce and withdraw charges against accused persons.
He also said the AG had immunity from being sued for carrying out his duties and that his actions were non-justiciable, meaning they could not be challenged in a court of law.
Najib filed the suit against Thomas in 2021, claiming that the 1MDB-related criminal charges brought against him were “part of a long-planned, premeditated exercise” orchestrated by the former Pakatan Harapan (PH) government which was in power between May 2018 and February 2020.
He alleged that Thomas, who was appointed AG on June 4, 2018, carried out his duties “in line with (those) plans”.
Thomas resigned from the post on Feb 28, 2020, following the collapse of the PH government.
In his suit, Najib claimed that Thomas filed a total of 35 charges in four cases, including in connection with 1MDB and International Petroleum Investment Co (IPIC) matters.
The judge said the prosecution was entitled to bring those charges and it was for the trial courts in those cases to determine if Najib was guilty or otherwise based on evidence presented by the prosecution.
The Court of Appeal will also hear another appeal by Najib on July 11 to disqualify Lai and another counsel, Alan Gomez, from representing Thomas in the malicious prosecution suit.
Both lawyers are partners in the legal firm Messrs Tommy Thomas, which Thomas joined as a consultant after his tenure as AG ended.
Attorney-General Idrus Harun had given a fiat to Lai and Gomez under Section 24 (3) of the Government Proceedings Act 1956 to appear for Thomas.
Ahmad said Idrus must have considered all the requirements expected of counsel representing Thomas, including whether the two were able to act professionally and in the best interests of the administration of justice.
The judge said the lawyers would gain no pecuniary interest or advantage as costs from the suit would go to the government, named as the second defendant, if the action is dismissed.
He said if Najib wins the suit, the judgment sum will be entered against the government, not against the firm or the two lawyers.