KUALA LUMPUR – The high court here has allowed former attorney-general Tan Sri Tommy Thomas’ suit against the government over the formation of a special task force established to probe the contents of his book.
In reading out his judgement today, justice Datuk Wan Ahmad Farid Wan Salleh said he is not ready to strike out the case and will refrain from making any determination on the legality or constitutionality of the task force.
He also ordered for Thomas’ originating summons to be converted into a civil defamation suit where witnesses will be called to provide their evidence in a full trial.
Considering how Thomas’ legal action against the government revolves around the alleged tarnishing of his reputation after the special task force’s report, an originating summons, the judge said, is not a suitable mode for defamation matters as it will only see an exchange of affidavits compared to a full trial involving witness testimonies.
“(Thomas’ legal action) is a claim for loss of reputation, which is a claim for defamation. A claim of this nature cannot be resolved via mere exchange of affidavit evidence (through an originating summons) as there is substantial dispute of facts.
“I am directing that this originating summons be converted into a civil suit for the matter to be heard and disposed of in a full trial. (The legality or constitutionality of the special task force) has to be canvassed in a civil court,” Wan Ahmad Farid said during online proceedings.
The judge also made no order as to costs.
Thomas was represented by counsel Mervyn Lai Wei Shiung and Haikaldin Mahyidin.
In January 2021, Thomas published his autobiography titled ‘My Story: Justice in the Wilderness’ documenting his early life, his experiences as a legal practitioner and his tenure as the attorney-general between June 2018 and February 2020.
In his suit against the special task force members and the government filed in October last year, Thomas claimed that the panel was an “illegal body” that had no power to investigate him, thus rendering its findings published last year as a breach of his constitutional rights.
Task force chairman Datuk Seri Fong Joo Chung, who is a former Sarawak attorney-general and legal adviser, was named as the first of nine defendants. Seven task force members and the Malaysian government were named as the other defendants.
The special task force was established in December 2021 by the cabinet under then prime minister Datuk Seri Ismail Sabri Yaakob to investigate whether the allegations in the book were, among others, seditious and exposed government secrets.
Some of the allegations which were the target of the task force’s investigation include abuse of power in appointing judges, interference of the executive body in the judicial system and claims of selective prosecution.
The task force also examined whether the book had disclosed potential abuse of power, breach of professional ethics or conduct by the author.
The task force’s report was made available to the public through the Prime Minister’s Department Legal Affairs Division in October of last year after Ismail Sabri, who was caretaker prime minister at the time, declassified the document. – October 2, 2023