KUALA LUMPUR: A second panel of Court of Appeal judges has decided that the prime minister is not a public officer.

Justice Yeoh Wee Siam, who penned the judgment for the second panel of three judges, decided so before dismissing Tony Pua's appeal against a High Court judgment in favour of former prime minister Datuk Seri Najib Tun Razak and the Government.

Pua had accused Najib of "abusing" his office in the 1Malaysia Development Bhd (1MDB) scandal but the court in its 20-page judgment ruled that the Damansara MP was unable to prove the former prime minister was a public officer.

Another panel of judges of the Court of Appeal had previously ruled similarly in the case brought by former opposition leader Tun Dr Mahathir Mohamad and former Umno divisional leader Khairuddin Abu Hassan against Najib.

Dr Mahathir and Khairuddin have since filed for leave to appeal to the Federal Court and the apex court had dismissed their application in February.

"We decided to similarly rule that for the purpose of the present case, the 1st defendant (Najib), in his capacity as the prime minister, is not a "public officer"," Yeoh said in her written judgment made available to the media on Friday.

Justice Yeoh said in view of their decision that Najib was not a public officer, it followed that Pua's claim against Najib was obviously unsustainable and ought to be dismissed.

She said consequently, Pua's claim against the Government grounded on the latter's vicarious liability for Najib could not be sustained and ought to be thrown out too.

Pua sued Najib and the Government on Jan 16 last year, claiming that the former premier committed misfeasance in public office involving 1MDB funds.

Najib filed to strike out Pua's suit on Feb 14, last year, on grounds that he is not a civil servant as alleged by Pua in his statement of claim, stating the suit was an abuse of court process.

The Government also filed an application to strike out the suit on March 2 last year, on the grounds that Pua has no locus standi (the right to bring an action) to make the claim and that the suit is frivolous, vexatious and does not disclose a reasonable cause of action.

On Oct 13, last year, the High Court allowed Najib's application to strike out Pua's suit, ruling that Najib was not a public officer.

The High Court also found Pua lacked locus standi as a taxpayer does not have the direct right to property belonging to a Government-linked company in the same way a stockholder owns stocks in a company.