Ex-AG cites Najib's 1MDB ruling, claims no malice in prosecution

Tommy Thomas has cited ex-premier Najib Abdul Razak’s prime facie 1MDB ruling to bolster his claim that the former attorney-general discharged his duty with no malice.

In an affidavit filed at the Kuala Lumpur High Court last Friday, Thomas (above) sought to strengthen his application for judicial commissioner Roz Mawar Rozain to withdraw from hearing a malicious prosecution suit against him.

Roz is presiding over the suit by former Felda chairperson Shahrir Ab Samad, who claimed Thomas greenlighted a RM1 million money laundering criminal case against him due to him being an Umno member.

Shahrir was later discharged and acquitted.

Thomas claimed that Roz would not be able to conduct a fair trial of the lawsuit, due to her previously denying his bid to nullify Shahrir’s suit.

Discharging duty under law

In his affidavit, Thomas pointed out that last week’s criminal court ruling for Najib to enter his defence in the RM2.27 billion 1MDB abuse of power and money laundering case showed that he merely carried out his then duty under the law to greenlight the case against the ex-premier.

“I was merely discharging my solemn constitutional duty as AG/PP (attorney-general/public prosecutor) under Article 145(3) of the Federal Constitution in bringing criminal charges, whether against Umno members or otherwise.

“They were certainly not based on malice or to undermine Umno and its leaders, as pleaded by Shahrir,” Thomas contended.

Today was initially set for the High Court hearing of Thomas’ application to recuse Roz. However, the matter has been postponed to Dec 9 to allow Shahrir’s legal team to file a response to Thomas’ new affidavit.

On Dec 4 last year, Shahrir filed the suit against Thomas, the MACC, former MACC chief commissioner Latheefa Koya, and the federal government.

Recusal bid ‘frivolous, malicious’

Meanwhile, in his affidavit backing Roz Mawar to continue to hear his lawsuit, Shahrir contended that Thomas’ recusal bid is frivolous, malicious, and cavalier in nature.

The former Felda chairperson claimed that the judicial commissioner never prejudged or showed bias against Thomas as the hearing of the main suit has yet to begin.

Law firm Fahri, Azzat & Co is representing the plaintiff.

Law firm Tommy Thomas is appearing for Thomas.

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