KUALA LUMPUR (Nov 11): Tan Sri Shahrir Samad and Tan Sri Tommy Thomas have failed to reach an out-of-court settlement in the former Federal Land Development Authority (Felda) chairman's malicious-prosecution suit against the former attorney general.
The trial is now slated to continue on Nov 27 and Dec 1, with more dates to be set later.
On Sept 9, the former Johor Bahru parliamentarian had amicably settled his 2023 lawsuit against the second to fourth defendants in the suit, namely former Malaysian Anti-Corruption Commission (MACC) chief Latheefa Koya, the MACC and the government.
The court then proceeded to strike out the suit against these defendants.
Shahrir had simultaneously filed an application seeking leave (permission) to discontinue the suit against the first defendant, Thomas.
Thomas' lawyers have objected to this application, among others arguing that serious allegations were made in the suit, and their client deserves to clear the air and his name.
Lead defence counsel Alan Adrian Gomez also told the court that they were not included in settlement discussions and essentially were kept in the dark. The talks, he stressed, were only between Shahrir's lawyers and the Attorney-General's Chambers (AGC).
After protracted back and forth, the court gave parties more time to iron out settlement terms and set Nov 11 for the court to be updated on the outcome.
Shahrir decides to continue suit following court advice and seriousness of issues at hand
The trial for this case has already begun, with Shahrir taking the stand. Gomez was still conducting his cross-examination when the court was informed of the settlements and application to withdraw.
On Wednesday, following the failed talks, parties then proceeded to submit on Shahrir's leave application to discontinue the suit.
However, High Court judge Gan Techiong interjected during submissions, highlighting the peculiar situation which the court is in.
"The plaintiff filed the suit in 2023, almost three years ago. He had all the time, all the opportunity, to think about settlement — to think about discontinuing this case. [But], even [on the] morning of the trial, he can say he doesn't wish to proceed?" Gan said.
The judge added that Shahrir was not compelled by anyone to file the suit, nor was he forced to take the witness stand.
Further, the judge said that evidence had already been tendered to the court, and a witness ought to be cross-examined and re-examined once he has taken the stand.
Judge Gan also pointed out that there is a poser over whether the government can admit to liability when Thomas had not done so, and there has yet to be any court finding on the matter.
Following a brief standdown, Shahrir's lead counsel Datuk Firoz Hussein Ahmad Jamaluddin then addressed the court, saying that his client has agreed to continue with his suit, taking the court's advice into consideration and the seriousness of the issues raised.
The court then proceeded to strike out the application seeking leave to drop the suit against Thomas.
Shahrir plans to call a total of eight witnesses. The matter will now resume on Nov 27, when the judge will also decide on the issue of cost for the leave application.
Shahrir 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 (IRB) a sum of RM1 million, which he had received from 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 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.