
Justice Hanipah Farikullah, who chaired a three-member panel, held that the panel needed time to look into the submissions.
“We will reserve our decision until Aug 11,” she said.
The other judges who sat with her were Justices Azimah Omar and Azhahari Kamal Ramli.
Najib contends that lawyers Alan Gomez and Lai Wei Shiung cannot represent Thomas in the lawsuit, saying lawyers in a law firm should not represent their partners, consultants and fellow lawyers in contentious matters, as they “cannot act objectively in the interest of justice”.
Najib had also tried to disqualify Gomez and Lai from appearing for Thomas in the High Court last year.
However, the application was dismissed by Justice Ahmad Bache, who said a litigant was entitled to engage a lawyer of his choice.
The judge subsequently heard Thomas’ bid to quash Najib’s lawsuit, and granted Thomas’ striking out bid.
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.
Thomas was appointed the attorney-general on June 4, 2018 after Pakatan Harapan won the general election and formed the government, with Dr Mahathir Mohamad again assuming the post of prime minister.
He resigned in February 2020.
Earlier today, lawyer Firoz Hussein Ahmad Jamaluddin told the appeals court that Gomez, Lai and Thomas have “pecuniary interest” in the firm.
However, Gomez argued that Najib filed the lawsuit over criminal charges filed against him during Thomas’ tenure in office.
He said partners in the law firm played no role in Najib’s criminal cases.