The Malaysian Insight

FORMER attorney-general (AG) Tommy Thomas will not co-operate with the task force that has been set up to investigate his book My Story: Justice in the Wilderness, because it is unconstitutional, he said today.

In a letter to chairman of the task force Fong Soo Chung, Thomas said to do so will set a dangerous precedent.

“The AG is appointed by the king, pursuant to article 145(1) of the Federal Constitution, on the advice of the prime minister.

“Under article 145(3), the AG, as a public prosecutor, is empowered at his or her discretion to institute, conduct, or discontinue any proceedings for an offence, save for proceedings before a Syariah Court, a native court or a court martial.

“The public prosecutor is not accountable to the cabinet or others in the executive branch with regard to prosecutorial decisions,” Thomas said in a statement.

There is also no legal basis for the task force, he said.

As the task force is being led by Fong, who was previously the AG for Sarawak, and junior to the rank of AG of Malaysia, Thomas said this also meant he was not being judged by peers.

“I am therefore not being judged by peers. The task force smacks of the notorious Hamid Omar tribunal, in which members were all junior in standing to Lord President Salleh Abas.”

Therefore, co-operating with the task force will risk the independence of the AG’s office, Thomas added.

“I have to protect the incumbent and future AGs and all the officers of the Attorney-General’s Chambers, who must be able to take prosecutorial decisions in the best interest of the Malaysian people, whom they serve without fear or favour.

“My participation in your task force would legitimise its unconstitutional purpose and set a dangerous precedent that will prejudice them all.

“That would be inimical to public interest. For these reasons I do not intend to co-operate or participate in your deliberations,” he said.

On December 8, Minister in the Prime Minister’s Department (Law and Parliament) Wan Junaidi Tuanku Jaafar said Fong will be leading a task force to look into allegations made by Thomas in his book.

Other special officers in the task force include former Sabah secretary Hashim Pijan, former director of the legal affairs division Junaidah Kamaruddin, former judge and AGC senior federal counsel Jagjit Singh and representatives from ministries.

The task force held its first meeting on December 23 and has been given six months to submit a report on its findings.

Thomas released his book earlier last year, drawing criticism for his bombshell revelations of behind-the-scenes manoeuvrings in the judicial system.

Among the issues discussed in the book are the 1Malaysia Development Bhd case and its prosecution, as well as the troubles Thomas faced in the AGC and his controversial appointment as a non-Malay AG.

He also touched on the process of prosecuting former prime minister Najib Razak, the competence of prosecution officers handling the case, the murder of Mongolian interpreter Altantuya Shaariibuu that implicated Najib, and the collapse of the Pakatan Harapan government. – January 6, 2022.