Former chief justice Abdul Hamid Mohamad today took aim at attorney-general Tommy Thomas for his decisions in recent high-profile cases, including the corruption case against former prime minister Najib Abdul Razak.
Though Thomas was initially the chief prosecutor for Najib's case, he later withdrew from the case saying that his responsibilities as AG took precedence.
He then appointed former Bar president Sulaiman Abdullah on Aug 31 to lead the prosecution in his stead.
“This is another first scored by Thomas. Never in the legal history of Malaysia did an AG admit he was unable to cope with the demands of the work as an AG, that he had to appoint a private lawyer to do the prosecution of a case.
“Or, is he chickening out because he had no experience in prosecution? This case is certainly not the kind of case for anyone to learn to prosecute,” he said in a lengthy posting on his blog.
Hamid also pointed out that Thomas was given eight months to prepare for the case, and noted that deputy public prosecutors do not even get a month, let alone eight, to do so.
'AG missed chance to prove himself'
This, Hamid said, proves his point that private lawyers, no matter how prominent, have no experience with handling investigation papers or prosecution – which is why AGs need to be appointed from the judicial and legal service instead.
In June, the former chief justice took Thomas to task over the announcement that the Attorney-General's Chambers will no longer represent the Election Commission in court, saying the latter "cannot pick and choose his briefs as if he is still in private practice."
“In any event, he has missed the chance to prove himself as a capable prosecutor, if he is, in the most important and most controversial case in the Malaysian legal history that will be remembered for a long time.
“Hopefully, he will not be remembered as the AG who chickened out from prosecuting the former prime minister."
Read more: Ex-CJ: Was AGC playing 'safe' by seeking DNAA for Guan Eng?.
Hamid also criticised Thomas for appointing former Federal Court judge Gopal Sri Ram as a deputy public prosecutor to study the investigation papers on 1MDB. This would mean, he said, Sri Ram advising Thomas on whether there is a prima facie case against Najib.
It is uncommon for the AG to make a decision on whether to prosecute based on what someone else tells him, he said, and not studying the evidence himself.
“In such an important case, one would expect the AG himself to study the papers, assisted by the officers and make the decision himself."
Even if the AG does not examine these papers himself, Hamid added, there are experienced officers in the AGC who prosecuted similar cases that can be relied upon – instead of hiring an outsider who has never seen investigations papers in his career.
'Demoralising the AGC'
Hamid added that since Thomas is not going through the investigation papers himself, it is unlikely that he would be prosecuting the cases as well.
“In appointing Sulaiman and Sri Ram to do the work of the prosecutor, Thomas has also demoralised the whole of the appellate and prosecution division, indeed the whole of the AGC.
“It is as if he has no confidence in his officers who had been doing the work for decades. It is as if they are incompetent,” he said.
In his blog post, Hamid also found fault in several other cases decided on by Thomas, including the Equanimity case, the Sarawak vs Petronas case, and the withdrawal of charges against Pakatan Harapan lawmakers and supporters.
“So far, Thomas is better known for what he does not do or does not want to do instead of what he does,” he said, though adding that Thomas has succeeded in persuading three members of the Bar to do his work free of charge.
“We can only thank those lawyers for their sacrifice. Would they be prepared to do the same if the accused were a Harapan government minister?” Hamid questioned.
Though Thomas was initially the chief prosecutor for Najib's case, he later withdrew from the case saying that his responsibilities as AG took precedence.
He then appointed former Bar president Sulaiman Abdullah on Aug 31 to lead the prosecution in his stead.
“This is another first scored by Thomas. Never in the legal history of Malaysia did an AG admit he was unable to cope with the demands of the work as an AG, that he had to appoint a private lawyer to do the prosecution of a case.
“Or, is he chickening out because he had no experience in prosecution? This case is certainly not the kind of case for anyone to learn to prosecute,” he said in a lengthy posting on his blog.
Hamid also pointed out that Thomas was given eight months to prepare for the case, and noted that deputy public prosecutors do not even get a month, let alone eight, to do so.
'AG missed chance to prove himself'
This, Hamid said, proves his point that private lawyers, no matter how prominent, have no experience with handling investigation papers or prosecution – which is why AGs need to be appointed from the judicial and legal service instead.
In June, the former chief justice took Thomas to task over the announcement that the Attorney-General's Chambers will no longer represent the Election Commission in court, saying the latter "cannot pick and choose his briefs as if he is still in private practice."
“Hopefully, he will not be remembered as the AG who chickened out from prosecuting the former prime minister."
Read more: Ex-CJ: Was AGC playing 'safe' by seeking DNAA for Guan Eng?.
Hamid also criticised Thomas for appointing former Federal Court judge Gopal Sri Ram as a deputy public prosecutor to study the investigation papers on 1MDB. This would mean, he said, Sri Ram advising Thomas on whether there is a prima facie case against Najib.
It is uncommon for the AG to make a decision on whether to prosecute based on what someone else tells him, he said, and not studying the evidence himself.
“In such an important case, one would expect the AG himself to study the papers, assisted by the officers and make the decision himself."
Even if the AG does not examine these papers himself, Hamid added, there are experienced officers in the AGC who prosecuted similar cases that can be relied upon – instead of hiring an outsider who has never seen investigations papers in his career.
'Demoralising the AGC'
Hamid added that since Thomas is not going through the investigation papers himself, it is unlikely that he would be prosecuting the cases as well.
“In appointing Sulaiman and Sri Ram to do the work of the prosecutor, Thomas has also demoralised the whole of the appellate and prosecution division, indeed the whole of the AGC.
“It is as if he has no confidence in his officers who had been doing the work for decades. It is as if they are incompetent,” he said.
In his blog post, Hamid also found fault in several other cases decided on by Thomas, including the Equanimity case, the Sarawak vs Petronas case, and the withdrawal of charges against Pakatan Harapan lawmakers and supporters.
“So far, Thomas is better known for what he does not do or does not want to do instead of what he does,” he said, though adding that Thomas has succeeded in persuading three members of the Bar to do his work free of charge.
“We can only thank those lawyers for their sacrifice. Would they be prepared to do the same if the accused were a Harapan government minister?” Hamid questioned.
What's this nonsense. There's no pleasing this crowd. Before there were calls to remove the powers of the AG to prosecute and give it to a Public Prosecutor. But this requires a Parliament amendment to the law, which will take time. But then we also want the 1MDB case to start quickly.
ReplyDeleteSo to speed things up TT decides he won't prosecute in the 1MDB case himself, as it will require many days of attendance in court, instead he appoints another senior lawyer to prosecute. What happens? Accusation that he is a coward.
So how? Apa lagi kita mahu? Leave No Turn Unstoned.
Someone loves talking kok for the sake of talking kok. Of the two i trust Tommy more. The former CJ was a known racist and was also known as a Najib man appointed for a special task but someone seems to believe he is a trustworthy man. As can be seen, nothing PH has done in their 100 days’ rule turned out right. Everyone wants to find fault with every single thing it did, including this chap known as "cheebai mother fucker". When you came to a stage of choosing between 2 political parties...one known to be very corrupt, one is yet to be known to be corrupt…who would you choose? Only those with cowdung in his head will expect a 100 days government to do all things perfectly.
Deleteforget about his racist character - after all Mahathir was also racist and still is - so what's the difference. More interestingly, has Abdul Hamid's points been valid? That is what we must examine
DeleteIt's the singer, not the song.
DeleteAny Sewage Tank bottom-feeder can say anything, and Cha Bor will breathlessly lap it up, as long as it is negative against the Pakatan Harapan Administration.
But the guy has No credibility.
This piece of shit, coming from a known racist & prejudicial ex-chief judge, has been put on the altar by kt as a mirror!
ReplyDeletePodiah, haven't he seen that this mirror is tinted & only projecting contortional images just like the funny mirrors of the circus.
Perhaps, they r all members of that circus substaied by jibby/hippo!
https://www.malaysia-today.net/2014/07/24/hamid-revealed-racial-prejudice-in-a-high-court-judgment-says-retired-judge/
ReplyDeleteTun Abdul Hamid Mohamad has previously claimed that the position of Islam in Penang is under threat during DAP rule.
Gopal Sri Ram has previously criticised Abdul Hamid race-and-religion tinged court rulings.
No doubt he has a vendetta to pursue against Tommy Thomas and Gopal Sri Ram.
Just in the previous post Cha Bor railed against what he saw as Race Supremacists in Pribumi , now he is promoting another race-religion-supremacist.
Aiyoh, a former Chief Justice also playing politics for UMNO's end game of trapping the AG and the new CJ to provide political capital for UMNO's Ketuanan Melayu's agenda to raise havoc and justifies riots when the Chief Kleptokrat is finally charged and jailed for life?
ReplyDeleteJust like the same political game played by the UMNO member ex-IGP? Maybe next game from ex-AG on the new CJ?
How many more ex ex ex do you think UMNO can still deploy of their Pak Turuts (sychophants) to rouse up public hostility towards the PH Govt. in the final run-up to the jailing of their Chief Kleptokrat?
Such statements made by an ex-CJ seems to be belittling the very justice system and institutions he once heads.
The PH Govt. needs to round up all the Pak Turut, trojan horses, traitors, Kleptocrats, rabble rousers fast before the end game comes around.
This is the infamous judge where he acquitted a Muslim by saying that "a Muslim will not tell lies" whereas for the same offence (the two were jointly charged) he convicted an Indian who is not Muslim.
ReplyDeleteUnder Najib administration in 2015 the NUCC was set up, to explore recommendations for racial harmony.
"But Perkasa had strongly objected to it as having too many non-malays in the committee. It set up a rival NUCC under chairmanship of Abdul Hamid and he had declared at the first meeting that he will champion race and Islam."
TT only wants the best brain to get the job done. What's so wrong with that ?
Podah la...only Dedaktemoc will be scraping the barrel by even quoting this disgraceful and highly racist judge.