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Ismail declassified task force report to use it as ‘political bullets’, says Thomas
The former attorney-general says Ismail Sabri Yaakob had ‘retaliated’ against PH after corruption charges were brought against Umno leaders.
Former attorney-general Tommy Thomas says the government task force had no power to investigate him over the contents of his memoir.
KUALA LUMPUR: Former attorney-general (AG) Tommy Thomas says the government declassified a task force’s report on his controversial memoir just before the 15th general election so it could use its contents as “political bullets” against Pakatan Harapan.
He said that on Oct 17 last year, then prime minister Ismail Sabri Yaakob announced at a Barisan Nasional political rally in Bagan Datuk, Perak, that he had instructed his law minister to publish the report.
In a statement of claim filed in a suit brought against the government and the eight members of the task force earlier this month, Thomas claimed that Ismail told the gathering: “I have given you bullets. In the case of Thomas, we have exposed the report by the special task force.
“I have told the attorney-general (Idrus Harun) to take immediate action against Thomas under the Official Secrets Act, defamation law and so on. I told him to bring the issue immediately.”
Thomas, who served as the attorney-general between June 2018 and February 2020 under the PH government, claimed the task force was not set up to carry out any genuine inquiry or undertake a fact-finding exercise.
Instead, it was used for private and political purposes during the election, he said, adding that Ismail’s administration was retaliating after corruption charges were brought against several Umno leaders.
Former prime minister and Umno president Najib Razak and his deputy, Ahmad Zahid Hamidi, were among those charged in 2018 after PH wrested control of Putrajaya from BN.
On Oct 2 this year, Justice Wan Ahmad Farid Wan Salleh dismissed the government’s application to strike out Thomas’s suit.
Originally filed by way of an originating summons and supported by affidavits, the judge converted the suit into a writ action to enable parties to call witnesses to testify and be cross-examined at trial.
Filed on Dec 4, the statement of claim also alleges that the task force set up by Ismail’s administration had no power to investigate Thomas as it was not set up as a commission of inquiry.
Thomas said the panel’s findings, published last year, also breached his constitutional rights.
He said the report implied that he had abused his power as the attorney-general, had been negligent in performing his duties, and taken part in corrupt practices.
He said the publication infringed Sections 499 and 500 of the Penal Code and Section 233 of the Communications and Multimedia Act 1998.
The members of the task force named as defendants were chairman JC Fong, Hashim Paijan, Junaidah Kamarruddin, Jagjit Singh Bant Singh, Shaharudin Ali, K Balaguru, Farah Adura Hamidi and Najib Surip.
Thomas wants a declaration that the task force is an unlawful body and has no legal authority to perform the functions assigned to it by the government.
He also wants a declaration that the purported report titled “Laporan Pasukan Petugas Khas – Siasatan Ke Atas Dakwaan-Dakwaan Dalam Buku Bertajuk My Story: Justice In The Wilderness” produced by the task force is an illegal document and not authorised by law.
He is asking for compensation from all the defendants if the court finds that his constitutional rights have been breached.
He also wants aggravated and exemplary damages from the task force members to be paid by each of them personally, while the government must be vicariously liable for Ismail’s acts or omissions.
Thomas’s book was published in January 2021.
Its controversial contents drew criticism from multiple quarters, including Idrus Harun, who replaced Thomas as the attorney-general, lawyers, politicians and the general public, leading to the filing of numerous police reports.
Under directions previously given by the court, the defendants are required to file their defence by Jan 4, with Thomas given until Jan 18 to file his reply.
The matter is fixed for further case management on Jan 30.
KUALA LUMPUR: Former attorney-general (AG) Tommy Thomas says the government declassified a task force’s report on his controversial memoir just before the 15th general election so it could use its contents as “political bullets” against Pakatan Harapan.
He said that on Oct 17 last year, then prime minister Ismail Sabri Yaakob announced at a Barisan Nasional political rally in Bagan Datuk, Perak, that he had instructed his law minister to publish the report.
In a statement of claim filed in a suit brought against the government and the eight members of the task force earlier this month, Thomas claimed that Ismail told the gathering: “I have given you bullets. In the case of Thomas, we have exposed the report by the special task force.
“I have told the attorney-general (Idrus Harun) to take immediate action against Thomas under the Official Secrets Act, defamation law and so on. I told him to bring the issue immediately.”
Thomas, who served as the attorney-general between June 2018 and February 2020 under the PH government, claimed the task force was not set up to carry out any genuine inquiry or undertake a fact-finding exercise.
Instead, it was used for private and political purposes during the election, he said, adding that Ismail’s administration was retaliating after corruption charges were brought against several Umno leaders.
Former prime minister and Umno president Najib Razak and his deputy, Ahmad Zahid Hamidi, were among those charged in 2018 after PH wrested control of Putrajaya from BN.
On Oct 2 this year, Justice Wan Ahmad Farid Wan Salleh dismissed the government’s application to strike out Thomas’s suit.
Originally filed by way of an originating summons and supported by affidavits, the judge converted the suit into a writ action to enable parties to call witnesses to testify and be cross-examined at trial.
Filed on Dec 4, the statement of claim also alleges that the task force set up by Ismail’s administration had no power to investigate Thomas as it was not set up as a commission of inquiry.
Thomas said the panel’s findings, published last year, also breached his constitutional rights.
He said the report implied that he had abused his power as the attorney-general, had been negligent in performing his duties, and taken part in corrupt practices.
He said the publication infringed Sections 499 and 500 of the Penal Code and Section 233 of the Communications and Multimedia Act 1998.
The members of the task force named as defendants were chairman JC Fong, Hashim Paijan, Junaidah Kamarruddin, Jagjit Singh Bant Singh, Shaharudin Ali, K Balaguru, Farah Adura Hamidi and Najib Surip.
Thomas wants a declaration that the task force is an unlawful body and has no legal authority to perform the functions assigned to it by the government.
He also wants a declaration that the purported report titled “Laporan Pasukan Petugas Khas – Siasatan Ke Atas Dakwaan-Dakwaan Dalam Buku Bertajuk My Story: Justice In The Wilderness” produced by the task force is an illegal document and not authorised by law.
He is asking for compensation from all the defendants if the court finds that his constitutional rights have been breached.
He also wants aggravated and exemplary damages from the task force members to be paid by each of them personally, while the government must be vicariously liable for Ismail’s acts or omissions.
Thomas’s book was published in January 2021.
Its controversial contents drew criticism from multiple quarters, including Idrus Harun, who replaced Thomas as the attorney-general, lawyers, politicians and the general public, leading to the filing of numerous police reports.
Under directions previously given by the court, the defendants are required to file their defence by Jan 4, with Thomas given until Jan 18 to file his reply.
The matter is fixed for further case management on Jan 30.
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