KUALA LUMPUR – Former attorney-general Tan Sri Tommy Thomas said he will not be cooperating with the special task force set to probe allegations he made in his autobiography, My Story: Justice in the Wilderness.
In a letter to the task force’s chairman Datuk Seri Fong Joo Chung, which was shared with the media, Thomas told Fong that the establishment and the existence of the task force was without any legal basis or precedent.
Thomas said the task force was ultra vires, or beyond one’s legal power, unlike an appointment by the Yang Di-Pertuan Agong under the Commissions of Enquiry Act 1950.
Moreover, Thomas pointed out that Fong was a former attorney-general of Sarawak and junior to him as his previous rank of attorney general.
“I am therefore not being judged by my peers,” Thomas said in the letter dated January 5, 2022, adding that another two members in the task force were also junior to him in terms of their respective calls to the Bar.
“The task force smacks of the notorious Hamid Omar tribunal whose members were all junior in standing to Lord President Tun Salleh Abas.”
Thomas also said the task force has set a “dangerous precedent” as it put the independence of the Attorney-General’s Chambers (AGC) at risk.
He said his decision was based on the assumption that the task force intended to scrutinise prosecutorial decisions made during his tenure as attorney-general.
In turning down cooperation, Thomas said he had to protect the incumbent and future attorney-generals and all officers of the AGC who must be able to make prosecutorial decisions in the interests of the public.
Thomas said his participation in the task force would legitimise its “unconstitutional purpose”, adding that it would be “inimical” to public interest.
“For these reasons I do not intend to cooperate or participate in your deliberations,” he told Fong.
On December 8, Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Wan Junaidi Tuanku Jaafar said the special task force will investigate the allegations made by the former AG in his autobiography.
Some of his accusations include abuse of power in appointing judges, interference of the executive body in the judicial system, and claims of selective prosecution.
“At the same time, police will also investigate the allegations.
“The Legal Affairs Division of the Prime Minister’s Department and AGC would act as the secretariat of the committee.
“The memorandum on the establishment of this special task force, including terms of reference, members, and financial implications will be tabled for the cabinet’s consideration and approval in the near future.
“This special task force will submit its findings and recommendations to the cabinet within six months from the date of appointment as decided by the cabinet on October 29,” he said.
Other special officers in the special task force include former Sabah secretary Datuk Hashim Paijan, former director of the legal affairs division Datuk Junaidah Kamaruddin, former judge and Attorney-General’s Chambers senior federal counsel Datuk Jagjit Singh Bant Singh, lawyer Datuk Shaharudin Ali, lawyer Balaguru Karupiah, and representatives from interested ministries and departments. – The Vibes, January 6, 2022
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