Malaysia

Task force, govt seek to strike out ex-AG Thomas’ suit over memoir probe

Application to be filed on grounds former top lawyer’s claim is frivolous, abuse of court process

Updated 3 years ago · Published on 15 Nov 2022 5:17PM

Task force, govt seek to strike out ex-AG Thomas’ suit over memoir probe
Former attorney-general Tan Sri Tommy Thomas is seeking a declaration that the purported report ‘Laporan Pasukan Petugas Khas – Siasatan Ke Atas Dakwaan-Dakwaan Dalam Buku Bertajuk My Story: Justice in the Wilderness’ prepared by the special task force is an illegal document and a violation of the law. – AFP pic, November 15, 2022

KUALA LUMPUR – The special task force and the government will file an application to strike out the suit brought by former attorney-general Tan Sri Tommy Thomas over the investigation into the contents of his memoir, My Story: Justice In the Wilderness. 

Thomas had filed an originating summons last month and named Datuk Seri Fong Joo Chung, the chairman of the task force that investigated the contents of the book, and eight others as defendants.

Besides Fong, the other defendants are task force members Datuk Seri Hashim Paijan, Datuk Junaidah Kamaruddin, Datuk Jagjit Singh Bant Singh, Datuk Shaharudin Ali, K. Balaguru, Farah Adura Hamidi, Mohd Najib Surip, and the Malaysian government. 

When contacted, senior federal counsel Shamsul Bolhassan, who is representing the defendants, said the application will be filed before December 15. 

“It will be filed on the grounds that the plaintiff’s statement of claim disclosed no reasonable cause, was frivolous, and is also an abuse of the court process,” he said. 

Meanwhile, the lawyer representing Thomas, Lai Wei Shiung, said during case management today justice Datuk Wan Ahmad Farid Wan Salleh fixed January 12 for further case management proceedings. 

Thomas, who was AG between June 2018 and February 2020, is seeking a declaration that the purported report “Laporan Pasukan Petugas Khas – Siasatan Ke Atas Dakwaan-Dakwaan Dalam Buku Bertajuk My Story: Justice in the Wilderness” is an illegal document and a violation of the law. 

He claimed that the publication of the report violates Sections 499 and 500 of the Penal Code and/or Section 233 of the Communications and Multimedia Act 1998.

Thomas also seeks a declaration that the government’s publication of the said report violates his right to reputation, which he said is protected by Articles 5(1) and/or 13(1) of the federal constitution.

The memoir, published in January last year, caused a public uproar resulting in the cabinet setting up a special task force to undertake an in-depth review and analysis of the book. 

On October 13, the government declassified the task force’s report, which among others, recommended that Thomas be investigated for various possible offences. – Bernama, November 15, 2022

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