I had no role toppling BN govt, court ruling inaccurate: Ex-AG
Published: Aug 29, 2024 3:01 PM
Former attorney-general Tommy Thomas contended that judicial commissioner Roz Mawar Rozain cannot fairly hear a malicious prosecution suit against him.
He said this was because she made inaccurate findings of him allegedly admitting that he played a role in the Umno-led government’s downfall in 2018.
In an affidavit seeking her recusal, Thomas (above) claimed she made the wrong deductions about passages in his 2021 book “My Story: Justice in the Wilderness”.
He claimed she referred to passages on page 219 and 220 of the book, in which he detailed his experiences on polling day of the 14th general election:
“The atmosphere was joyful and quiet confidence. I was sure that we were at the cusp of history. The much-vaunted BN coalition, which had governed Malaysia continuously for an unbroken duration of 61 years, was on the verge of defeat.
“History was being made, and we were very much a part of it.”
Tommy Thomas’ book ‘My Story: Justice in the Wilderness’
Thomas explained the passage purportedly referred to by Roz Mawar was merely about the democratic process of the general election in which the Umno-led BN coalition lost.
“Any reasonable person reading this would conclude as such. They would not have come to the conclusion that I ‘conceded’ to having a role in toppling the BN government, as justice Roz Mawar has determined.
“I have never been involved in politics or been a member of any political party.
“In any event, Her Ladyship’s finding that I had ‘acknowledged’ in my book a role and effort to topple the BN government is entirely without basis,” Thomas said in the affidavit sighted by Malaysiakini.
He added that Roz Mawar also made an inaccurate finding of his memoir, in which he allegedly admitted to pressuring MACC to investigate former Felda chairperson Shahrir Samad.
The former government’s top lawyer alleged these were among the wrong deductions contained in Roz Mawar’s recent decision to dismiss his bid to strike out Shahrir’s suit against him.
Shahrir’s suit
In his filing affirmed on Aug 26, Thomas sought a new judge to hear the civil action as Roz Mawar allegedly “predetermined” Shahrir’s suit against him.
Thomas explained the passage purportedly referred to by Roz Mawar was merely about the democratic process of the general election in which the Umno-led BN coalition lost.
“Any reasonable person reading this would conclude as such. They would not have come to the conclusion that I ‘conceded’ to having a role in toppling the BN government, as justice Roz Mawar has determined.
“I have never been involved in politics or been a member of any political party.
“In any event, Her Ladyship’s finding that I had ‘acknowledged’ in my book a role and effort to topple the BN government is entirely without basis,” Thomas said in the affidavit sighted by Malaysiakini.
He added that Roz Mawar also made an inaccurate finding of his memoir, in which he allegedly admitted to pressuring MACC to investigate former Felda chairperson Shahrir Samad.
The former government’s top lawyer alleged these were among the wrong deductions contained in Roz Mawar’s recent decision to dismiss his bid to strike out Shahrir’s suit against him.
Shahrir’s suit
In his filing affirmed on Aug 26, Thomas sought a new judge to hear the civil action as Roz Mawar allegedly “predetermined” Shahrir’s suit against him.
Former Felda chairperson Shahrir Samad
In his suit, Shahrir claimed a RM1 million money laundering criminal case was levelled against him by then attorney-general Thomas because he was an Umno member.
The former MP was discharged and acquitted of the criminal case last year. He then mounted the civil action against Thomas.
On Dec 4 last year, Shahrir filed the suit against Thomas, the MACC, former MACC chief commissioner Latheefa Koya, and the federal government.
The plaintiff is represented by law firm Fahri, Azzat & Co.
Thomas is represented by law firm Tommy Thomas.
In his suit, Shahrir claimed a RM1 million money laundering criminal case was levelled against him by then attorney-general Thomas because he was an Umno member.
The former MP was discharged and acquitted of the criminal case last year. He then mounted the civil action against Thomas.
On Dec 4 last year, Shahrir filed the suit against Thomas, the MACC, former MACC chief commissioner Latheefa Koya, and the federal government.
The plaintiff is represented by law firm Fahri, Azzat & Co.
Thomas is represented by law firm Tommy Thomas.
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