High Court judge Abu Bakar Jais in his controversial ruling yesterday that Prime Minister Najib Abdul Razak is not a public official or public officer has detailed his grounds for the judgment in his 31-page decision.
Justice Abu Bakar said Najib’s lawyers argued that in initiating the suit, former Umno leaders Dr Mahathir Mohamad, Khairuddin Abu Hassan and Anina Saadudin must first prove the offices that Najib occupies – as prime minister, finance minister, BN chairperson and Umno president – are all public offices.
“The defendant maintained he is not a public officer and therefore cannot be liable for the tort of misfeasance in public office,” the judge said in throwing out the suit.
Najib, he noted, also contended there is no fiduciary duty owed by him as PM, finance minister, BN chairperson and Umno president to the plaintiffs.
“There is no mutual trust and confidence placed between the parties for a fiduciary relationship to exist,” Justice Abu Bakar said.
The public appointed Najib and the public pays Najib.
In return, Najib on assuming office swore to serve the public faithfully and honestly.
He was given a position of immense trust in charge of the nations finances, which the judge acknowledges he may have abused.
Yet this judge has opined that Najib is nevertheless not accountable to the public and that there is no duty of trust nor any obligation not to betray his terms of office, as would pertain to a teacher, parking officer or judge.
This law officer has decided that Najib is above the law and that democracy is about electing which dictator you want to have steal from you next – your money and your liberties included.
Malaysia needs to elect a government that will reform this despersate situation.