KUALA LUMPUR (Feb 6): Former attorney-general Tan Sri Tommy Thomas has secured leave from the High Court to bring his successor Tan Sri Idrus Harun as a third party in a malicious prosecution lawsuit filed by former lawmaker Tan Sri Shahrir Samad.
Judicial Commissioner Gan Techiong allowed the ex-parte leave application recently after hearing submissions from Thomas's counsel Alan Gomez and Mohd Haikaldin Mahyidin. It is understood that the cause papers were served on the Attorney-General's Chambers on Thursday (Feb 5).
Thomas, the attorney-general from 2018 to 2020, had filed for the third-party indemnity claim against Idrus in September last year. If he succeeds in the application, Thomas would be able to seek partial contribution from Idrus for any damages to be paid to Shahrir in the event that the former member of Parliament for Johor Bahru is successful in his suit.
Shahrir had sued Thomas, the Malaysian Anti-Corruption Commission (MACC), former MACC chief commissioner Latheefa Koya, and the government in December 2023, for alleged malicious prosecution, malicious investigation, and wrongful arrest.
He claimed that Thomas had failed to order for the probe of the case to be completed before deciding to grant permission to prosecute him.
This was with regard to Shahrir’s criminal trial for failing to declare RM1 million, which he had received from former prime minister Datuk Seri Najib Razak, to the Inland Revenue Board.
In January 2023, Shahrir was granted a full acquittal, after the prosecution informed the court that it did not intend to continue the case upon instructions from the Attorney-General's Chambers.
Shahrir had maintained that the sum was a reimbursement, and he did not need to declare it as income.
Thomas, in his defence to the suit, said that he was exercising his discretion under the Federal Constitution. He claimed that Shahrir’s cause of action is not recognised in Malaysia and that any redress against him is confined by the filing of a judicial review.
Thomas said he had been briefed by the relevant investigating officers, read the investigating papers provided to him by the MACC, and was satisfied that the prosecution had a good case against Shahrir.
Thomas, who resigned as the attorney-general on Feb 28, 2020, noted that Idrus — who took over the post on March 6, 2020 — did not withdraw the charge against Shahrir and had proceeded with the criminal trial when it began on July 26, 2022.
Thomas added that the trial had proceeded until Nov 24, 2022, and during the period the government was led by Umno with Datuk Seri Ismail Sabri as the prime minister.
Shahrir’s civil suit is still pending after the Court of Appeal recused High Court judge Roz Mawar Rozain as the trial judge on July 4 last year.