Malaysia

Ex-senior DPP lodges report against Thomas for defamation

Datuk Mohamad Hanafiah Zakaria pulled as head of prosecution in SRC International trial

Updated 5 years ago · Published on 03 Feb 2021 11:31AM

Ex-senior DPP lodges report against Thomas for defamation

by Amar Shah Mohsen

KUALA LUMPUR – After he was accused of being incapable of prosecuting Datuk Seri Najib Razak in the ex-prime minister’s corruption case, a former senior deputy public prosecutor wants criminal action taken against Tan Sri Tommy Thomas. 

Datuk Mohamad Hanafiah Zakaria, who initially led the prosecution in Najib’s SRC International Sdn Bhd trial, yesterday lodged a police report, alleging that the former attorney-general defamed him and tarnished his reputation. 

He said this was done through Thomas’ memoir, My Story: Justice in the Wilderness, that was released on Monday. 

According to the police report, Hanafiah wants the matter to be investigated under Section 499 of the Penal Code for defamation against him, other Attorney-General’s Chambers (AGC) officers, and the public law firm. 

In his book, Thomas said Hanafiah was incapable of leading and supervising the incredible amount of preparation required for the SRC International trial, saying he was more comfortable performing administrative duties. 

The former AG said he was unable to find any AGC officer of sufficient experience and expertise, with the ability to work independently and lead the said preparations, before deciding to appoint Datuk Sulaiman Abdullah as lead prosecutor and relegating Hanafiah to administrative work.

Hanafiah said it is erroneous to accuse him of being incompetent, as he had spent 33 years in the industry up to that point, adding that the decision to remove him from the SRC International trial team was merely Thomas’ excuse to appoint his lawyer friends.

“I want to state that throughout my service as a legal officer, I held several important posts in the AGC and handled numerous high-profile cases. Never have I been told that I am incapable. 

“In fact, when I was solicitor-general III, I handled two appeal cases at the Federal Court. As such, Thomas’ claims are untrue and a defamation against me,” he said in the police report. 

Hanafiah retired as director-general of the Judicial and Legal Training Institute, having moved there in July 2019. 

Najib was found guilty by the Kuala Lumpur High Court in July last year on seven counts of corruption in the SRC International trial, and was sentenced to 12 years in prison and fined RM210 million. He is appealing the charges. 

Thomas has courted flak from various quarters over his memoir, with Najib himself seeking an apology and RM10 million in compensation after the former AG linked him to the murder of Mongolian national Altantuya Shaariibuu in 2006. 

Legal association hits out at Thomas

In a statement today, the Judicial and Legal Service Officers’ Association slammed Thomas’ “uncivilised” claims that government legal officers are incompetent, saying it shows his shallow-mindedness. 

It said any dissatisfaction should not have been made public through writing, and that whatever perception Thomas has of legal officers follows his own failure to helm the agency. 

“Thomas labelled legal officers in the AGC as government lawyers waiting for their monthly salaries and retirement pensions. This statement is malicious and an insult to the whole legal fraternity. 

“We don’t work to chase popularity. In fact, our work is done with integrity, professionalism and confidentiality, as has been stressed in the public service. 

“We have similar qualifications as private law practitioners, and we represent the government in fighting for cases between parties, including international disputes and negotiations, in the national interest.” – The Vibes, February 3, 2021

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