Activity drive probing ebook has no authorized standing, says ex-AG Thomas

KUALA LUMPUR: Former attorney-general Tommy Thomas stated a particular process drive arrange by the federal government to probe the contents of his memoirs had no authorized standing and {that a} report it launched on the matter was unlawful.

In an affidavit filed within the Excessive Courtroom earlier this month, Thomas contended that neither the structure nor any written regulation empowered the federal government to arrange the duty drive.

The affidavit was filed in response to at least one filed by the federal government and the members of the duty drive of their bid to strike out Thomas’ lawsuit over their actions.

“The ninth Schedule of the Federal Structure doesn’t present the federal government with any legislative energy to nominate the duty drive.

“(Nor) are there any prerogative powers granted to the federal government below the structure or in any other case,” he stated.

In consequence, the appointment of the duty drive members was illegal, and their report on the matter unlawful, Thomas added.

He requested for the placing out utility to be dismissed, saying the go well with raises “critical problems with constitutional regulation”.

In an affidavit filed on behalf of the federal government and the duty drive members final month, director-general of authorized affairs within the Prime Minister’s Division, Shukor Mahmood had requested for the go well with to be struck out as a result of it was “scandalous, frivolous, vexatious and an abuse of the court docket’s course of”.

The Excessive Courtroom has mounted the appliance for case administration on Jan 30 earlier than Justice Wan Ahmad Farid Wan Salleh to repair a listening to date for the placing out utility.

Within the originating summons filed final October, Thomas contended that the publication of the report violates Sections 499 and 500 of the Penal Code and Part 233 of the Communications and Multimedia Act (CMA) 1998.

He stated the publication of the duty drive’s report on his memoir entitled “My Story: Justice within the Wilderness” was a breach of regulation and his constitutional rights.

Aside from the federal authorities, he named process drive chairman JC Fong and its members – Hashim Paijan, Junaidah Kamaruddin, BS Jagjit Singh, Shaharudin Ali, Ok Balaguru, Farah Adura Hamidi, and Najib Surip – as defendants.

He’s searching for a declaration that the duty drive was an illegal physique and had no authorized authority to carry out the features assigned to it by the federal government.

Thomas additionally needs a declaration that the purported report, titled “Laporan Pasukan Petugas Khas – Siasatan Ke Atas Dakwaan-Dakwaan Dalam Buku Bertajuk ‘My Story: Justice within the Wilderness’”, produced by the duty drive is an unlawful doc and never authorised by regulation.

He’s additionally asking for a declaration that the federal government’s publication of the report violates his proper to repute which, he says, is protected by Articles 5(1) and 13(1) of the structure.

The duty drive was established by former prime minister Ismail Sabri Yaakob’s Cupboard on Oct 8, 2021 to undertake a preliminary examine of disclosures made by Thomas in his ebook, which was revealed in January 2021.

On Dec 22, 2021 the Cupboard accepted the duty drive’s phrases of reference, which concerned investigating allegations concerning the judiciary, publicity of presidency secrets and techniques, abuse of energy, skilled negligence, and seditious statements.

The duty drive’s report was tabled earlier than the Cupboard in September final 12 months and made public on Oct 21.

Final week, regulation minister Azalina Othman Mentioned introduced that Prime Minister Anwar Ibrahim’s Cupboard has agreed to arrange a Royal Fee of Inquiry (RCI) to analyze numerous claims contained within the controversial ebook.

She stated the phrases and reference in addition to the composition of the RCI will probably be introduced later.