Our litigation partner, Kai Xiang previously acted for Dato’ Sri Najib Razak, the former Prime Minister of Malaysia, in a civil action brought against the former Attorney General, Tan Sri Tommy Thomas. The claim concerned allegations of misfeasance in public office, malicious proceeding and negligence in Tommy Thomas as a former Attoney General.

The client sought for monetary reliefs and to disqualify Tan Sri Tommy Thomas’s lawyer, on the basis that there is personal and monetary relationship involved. However, the High Court ultimately struck out the claim, taking the view that the action amounted to a challenge against the Attorney General’s absolute of prosecutorial discretion under Article 145(3) of the Federal Constitution of Malaysia.

Although the claim was dismissed in the High Court (pending appeal in the Court of Appeal), the case raised significant constitutional and administrative law issues, and attracted considerable public and media attention. It underscores the complexities involved when legal, political, and constitutional considerations intersect, and reflects our partner’s ability to advise and act in high-stakes, sensitive litigation involving senior public figures and novel legal arguments.