Former Malaysian AG sues govt as his memoir becomes election fodder

A controversial memoir by Malaysia's former attorney general Tommy Thomas has become an unlikely election issue, with Umno-led Barisan Nasional (BN) blaming its rival Pakatan Harapan (PH) for appointing someone whose book is being investigated for elements of incitement, sedition and defamation.

Tan Sri Thomas is now suing the government for setting up a task force that recommended investigations into his memoir, alleging that it was unlawful and illegal as the task force members were not appointed under the authority of any written law.

In his originating summons on Thursday, Mr Thomas named the eight members and the Malaysian government as defendants.

"The establishment of this illegal special task force to purportedly enquire into my conduct and make findings and recommendations against me is without legal basis and its conduct ultra vires," Mr Thomas said in a statement.

He added that the task force was unlike a Royal Commission of Inquiry (RCI) whose members would be appointed by the King and its process transparent and open. He also said the task force has no power to order an investigation into possible offences, unlike an RCI.

Mr Thomas was appointed as AG in June, 2018, shortly after the PH came to power after defeating BN in the general election. He was the first non-Malay and non-Muslim AG and held the position till the PH government collapsed in Feb 2020.

Mr Thomas published his book, My Story: Justice in the Wilderness, on Jan 30, 2021, triggering an uproar particularly from the ruling pact, with at least 244 police reports lodged by various parties against him.

The book recounts how Mr Thomas' appointment, as well as that of ex-Finance Minister Lim Guan Eng and Tan Sri Richard Malanjum as the first ever non-Muslim Chief Justice, drew fire for placing non-Malays and non-Muslims in senior government posts..

He also describes the civil service - more than three-quarters of which comprise Malays - as lacking in commitment and incompetent, on top of questioning the discretionary powers of the King, who is revered as the guardian of Malay and Islamic interests.

The taskforce was then formed to examine whether the publication had violated any laws or regulations applicable to the office of the AG, as well as to determine whether it had disclosed potential abuse of power by the author, breach of professional ethics or conduct by him.

Based on its declassified report which was made public on Oct 21, the taskforce found that Mr Thomas, as AG, had wanted then prime minister Mahathir Mohamad, who headed the PH at the time, "to do his bidding in a manner contrary to the law", in the appointment of three lawyers as Court of Appeal judges.

Since then, ruling party Umno has been drumming up the issue. It had also questioned PH's initial silence on the matter. In fact, its criticism of Mr Thomas began when he was appointed as AG and initiated the corruption cases against Umno leaders like Najib Razak and Ahmad Zahid Hamidi.

In response, the opposition said it does not have to answer for Mr Thomas as he is not a PH leader or a member of any political party.

Analysts saw the move to investigate the book as designed to deepen the perception that PH, the opposition pact led by Datuk Seri Anwar Ibrahim, is anti-Malay, anti-Islam and unpatriotic.

"Umno wants to show to the public that PH practises hypocrisy. One of the things that PH has always played up against Umno is it can't be trusted, it interferes in judiciary," Professor James Chin of Asian Studies at the University of Tasmania told The Straits Times.

"So if it can point out (to the public) that Tommy, who was supported by PH, was involved in monkey business, it can 'show' PH is not as 'clean' as it claims to be and that all key positions in the government have to be held by Malays or Muslims," he added.

With the population of Malay bumiputeras and Muslims in Malaysia standing at 69.4 per cent and 63.5 per cent respectively, Dr Awang Azman Awang Pawi said it's impossible for the dominant party in the ruling pact to "pass on the opportunity" to play up the issue.

"It's a weapon for Umno. People know his appointment (as AG) was on the advice of DAP's top gun Lim Kit Siang, it will cost PH support," the Universiti Malaya Associate Professor of Malay Studies told ST. He was referring to multiracial but Chinese-dominant party Democratic Action Party.

But the Malaysian Bar on Oct 25 questioned the government's move to declassify the report, with Bar president Karen Cheah noting that caretaker Prime Minister Ismail Sabri Yaakob had admitted that he declassified the findings so that it could be used as political "ammunition" to attack the opposition.

Former premier Najib, who is serving a 12-year prison sentence for graft over funds linked to state fund 1Malaysia Development Berhad, has also sued Mr Thomas over allegedly defamatory statements. He claimed that the latter had defamed him as the statements allegedly implicated him in the murder of Mongolian woman Altantuya Shaariibuu.

Ms Altantuya, who was 28, was shot and her body blown up with explosives in a gruesome murder in 2006 by police commandos. Two men have been convicted of the murder. Both officers were then part of Najib's security detail, but he has consistently denied links to the murder.

Timeline of events

June 2018 - Tan Sri Tommy Thomas is appointed as the attorney-general by then ruling pact Pakatan Harapan.

February 2020 - He resigns after the PH administration collapses due to party defections.

Jan 2021 - Mr Thomas publishes My Story: Justice in the Wilderness. It sparks controversy for describing the civil service - more than three-quarters of which comprises Malays - as lacking in commitment and incompetent. It also questions the discretionary powers of the King, who is revered as the guardian of Malay and Islamic interests.

Oct 5 - The full report by the taskforce investigating the memoir is leaked online

Oct 21 - The report is declassified and made public on the Legal Affairs Division of the Prime Minister's Department website

Oct 25 - Caretaker prime minister Ismail Sabri Yaakob said Mr Thomas is believed to have committed four offences, and urged Barisan Nasional's election machinery to capitalise on the report's findings.

Oct 26 - The Malaysian Bar questioned if Datuk Seri Ismail's orders to declassify the report to use it as political ammunition is a form of power abuse.

Oct 27 - Caretaker law minister Wan Junaidi Tuanku Jaafar rubbished allegations that Mr Ismail is using the report as political ammunition. Mr Thomas sues the government.