KUALA LUMPUR (March 27): The High Court has set May 7 to hear the government's application to set aside former attorney general Tan Sri Tommy Thomas’ attempt to rope in his successor, Tan Sri Idrus Harun, in a malicious prosecution case brought by former lawmaker Tan Sri Shahrir Samad against Thomas.
On Friday, Judicial Commissioner Gan Techiong set the date following a case management.
Thomas, who served as the government's top counsel from 2018 till 2020, was given permission by the court earlier in January to serve a third-party notice to Idrus.
Should Thomas succeed in roping in his successor to the suit, his contention is that Idrus would also shoulder the liability for the purported losses suffered by Shahrir. This is in the event that the court rules in favour of Shahrir in the main suit.
The third-party notice
The government has applied to set aside the third-party notice on the grounds that according to the Government Proceedings Act 1956, the government is already vicariously liable for any wrongful act done or any neglect or default committed by any public officers. Therefore, they say that roping in Idrus, who was acting in his official capacity, is an ill-conceived act by Thomas and only serves to complicate and confuse matters.
Thomas in his reply contends that the same argument should apply to him (that, as with Idrus, he should not be named in the suit, as the government is vicariously liable for their actions). However, he stresses that if he is being held liable for preferring the charges against Shahrir in 2020, then Idrus ought to bear "greater liability" for having prosecuted the case and withdrawing the suit at such a late stage.
Thomas also says that the court ought to strike out the setting-aside application, as Idrus himself has not filed an application to set aside the third-party notice.
What is Shahrir's civil suit all about?
Shahrir, a former Federal Land Development Authority (Felda) chairman, took Thomas, along with former Malaysian Anti-Corruption Commission (MACC) chief Latheefa Koya, the MACC, and the government, to court for alleged malicious prosecution, malicious investigation, and wrongful arrest.
This is in relation to the former Johor Bahru member of Parliament's criminal trial for failing to declare to the Inland Revenue Board the RM1 million that he had received from jailed former prime minister Datuk Seri Najib Razak. Shahrir was charged in early 2020.
The trial began in July 2022. In January 2023, after hearing more than 20 witnesses, the prosecution dropped the case, and Shahrir was granted a full acquittal after the prosecution.
The prosecution's decision came on the heels of MACC investigating officer Nurzahidah Yacop's testimony that she had received an instruction from the prosecution, with permission given by Thomas in January 2020, to charge Shahrir even when the investigation papers on the case were still incomplete.
Idrus, who served as the AG from March 2020 until September 2023, helmed the Attorney General's Chambers throughout the trial.
Thomas had applied to strike out the entire suit in 2024. However, this was dismissed. Hence, the main suit has to be fully ventilated at a trial now.