Tommy Thomas files civil suit against govt, task force over memoir probe

KUALA LUMPUR: Former attorney general Tan Sri Tommy Thomas has filed a civil suit against the government and the special task force that investigated his memoir “My Story: Justice In the Wilderness”.

He filed it through Messrs Tommy Thomas at the High Court here on Dec 4 after the court ordered the originating summons to be changed to a civil suit on Oct 2 so that it could be heard and resolved through a full trial.

In the new suit, Thomas as plaintiff named eight task force members – Datuk Seri Fong Joo Chung, Datuk Seri Hashim Paijan, Datuk Dr Junaidah Kamarruddin, Datuk Jagjit Singh Bant Singh, Datuk Shaharudin Ali, K Balaguru, Farah Adura Hamidi and Mohd Najib Surip – and the government as first to ninth defendants.

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In his statement of claim, Thomas alleged that on Sept 30 last year, the first to eighth defendants had produced and presented to the ninth defendant (the government) a “Special Taskforce Report – Investigations into Allegations contained in the memoir ‘My Story: Justice In The Wilderness’ by YHBG. Tan Sri Tommy Thomas, Former Attorney General”.

He alleges that the report, among other things, stated his offences when holding the position of attorney general such as revealing state secrets and intervening in the judiciary and the appointment of judges.

Thomas, who served as attorney general from June 2018 to February last year, said then prime minister Datuk Seri Ismail Sabri Yaakob, who acted on behalf of the government at that time, instructed the related enforcement agencies to conduct further investigations into the possibility of misconduct (by Thomas).

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He also stated that during a Barisan Nasional gathering at Bagan Datuk on Oct 17 last year, Ismail Sabri openly announced that he had declassified the report so that it could be used as political ammunition during the 15th General Election, and also asked the law minister at that time to publish the report.

“Therefore the appointment of the first to eighth defendants as special task force members was not purely for investigative purposes or a fact-finding mission into my behaviour as attorney general, but as political ammunition for personal and political purposes and as a reactionary measure to my decision to bring charges against Umno members,” Thomas alleged.

He also stated that the special task force report was a document without legal authority as the appointment and terms of reference of the team was not supported by any written law and it was supposedly classified by the government as an official secret under the Official Secrets Act 1972.

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As such, the plaintiff is seeking a declaration that the report on the book is illegal and violated Section 499 and 500 of the Penal Code or Section 233 of the Communications and Multimedia Act 1998, and breached the plaintiff’s right to have his reputation protected under Articles 5(1), 8(1), 13(1) of the Federal Constitution.

According to a check of the courts system, case management has been set for Jan 30. – BK