KUALA LUMPUR (Oct 16): The High Court has given more time to Tan Sri Shahrir Samad and Tan Sri Tommy Thomas to iron out settlement terms in the former Federal Land Development Authority (Felda) chairman's malicious-prosecution suit against the former attorney general.
Friday was initially slated for the court to hear arguments on Shahrir’s application for permission (leave) to discontinue the suit against Thomas. The ex-AG's team of lawyers had indicated that they would be objecting to the application.
Previously on Sept 9, the former Johor Bahru parliamentarian had amicably settled the lawsuit against the other defendants in the suit, namely Malaysian Anti-Corruption Commission (MACC) former chief Latheefa Koya, the MACC, and the government.
High Court judge Gan Techiong had then ordered for Shahrir's claims against the second, third, and fourth defendants to be struck out, without liberty to file afresh, with no order as to costs.
During Friday's proceedings, Thomas' lead counsel Alan Adrian Gomez told the court that when Shahrir's team of lawyers chose to discontinue the legal action, they discussed it with the Attorney General's Chambers (AGC) but not Thomas' lawyers.
"They never approached us. They went straight to the AGC. A deal was struck, the terms of which we know nothing of," he said.
He added that his client has a few additional terms that he wants Shahrir to comply with before putting the matter to rest. Among them are for Shahrir or his lawyers to read a statement in court, given the serious allegations levelled against Thomas in his capacity as the then-AG and public prosecutor (PP).
"You have made a lot of statements and serious allegations. So [Thomas'] vindication is absolutely critical. There couldn't be a more egregious accusations against a PP than of malicious prosecution," Gomez said.
Besides the statement to be read, Thomas is also seeking reduced cost of RM90,000 and for the suit to be discontinued without liberty to file afresh.
Should the statement not materialise, Gomez said that they would then be seeking indemnity cost of RM500,000, given that the matter had already gone to trial with Shahrir in the middle of his testimony.
Lawyer Datuk Syed Faisal Al-Edros Syed Abdullah, appearing for Shahrir, said that he had to further discuss the issue with the other solicitors in the team and will attempt to work on a statement.
The court then set Nov 11 for parties to update the court. Judge Gan also warned that no further adjournments would be granted, as this was a 2023 case which should be dispensed with without further delay.
Judge Gan also added that this was a case of note because it could possibly open the floodgates for anyone who has been charged and not convicted to file a malicious-prosecution suit.
Shahrir filed the current civil suit for alleged malicious prosecution, malicious investigation, and wrongful arrest.
He filed the suit after the court granted him a full acquittal in his criminal case, where he had been charged for failing to declare to the Inland Revenue Board a sum of RM1 million, which he had received from jailed former prime minister Datuk Seri Najib Razak.
The trial, which began in July 2022, abruptly ended in January 2023 after hearing more than 20 witnesses, as the prosecution had decided to drop its case against the former minister.
The prosecution's decision came after MACC investigating officer Nurzahidah Yacop's testimony where she had reportedly said 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.
In the present malicious-prosecution case, Shahrir had taken the stand and testified on his own behalf.
Among others, the ex-Johor Bharu parliamentarian said that no investigations were carried to ascertain if the RM1 million was indeed categorised as "income". Similar to his defence in the criminal case, he has stressed that the RM1 million was a reimbursement for monies spent on his constituents.
Read also:
Shahrir amicably settles malicious-prosecution suit against MACC, govt; will file to discontinue suit against Tommy Thomas
Shahrir, ex-AG Thomas and others exploring settlement in malicious-prosecution lawsuit
Shahrir says suit against ex-AG Tommy Thomas, others about accountability, not revenge