PAKATAN Harapan leader Lim Guan Eng has come to the aid of former attorney-general (AG) Tan Sri Tommy Thomas, who the coalition appointed as the country’s top lawyer back when it was in power, saying any charges filed against Thomas should be binned.
This after the declassified report by the special task force (STF) to investigate allegations made in Thomas’ recent book, My Story: Justice In The Wilderness, was made public yesterday (Oct 21).
The STF concluded that there were possible infringements of several laws and Government regulations, executive interference in the appointment of judges, unauthorised disclosure of Government information and official secrets as well as abuse of power during Thomas’ time in office from June 2018 to February 2020.
As such, it recommended that investigations be conducted with regard to the possible offences that may have been committed by Thomas, who the report further noted “lacked the experience or management skills” to head the Attorney-General’s Chambers (AGC).
Lim, however, pointed out that caretaker prime minister Datuk Seri Ismail Sabri Yaakob’s public admission on Oct 18 that he declassified the STF report so it can be “used as a lot of political bullets” to attack Pakatan was tantamount to “abuse of power”.
“Ismail proudly said that he told the current AG to take immediate action against Thomas under the Official Secrets Act, defamation law and so on,” the DAP chairman added.
“He even urged the party machinery to ‘capitalise’ on the findings to attack its rivals in the upcoming general election campaign.”
In a statement today, Lim claimed Ismail’s open admission that he instructed the AG to act in this manner for the added political benefits to UMNO “clearly violates” the AG’s statutory duty to act independently and free from political interference without fear or favour.
Therefore, he said any such charges filed against Thomas in court should “naturally be dismissed” as prosecutorial misconduct because they would be “made in bad faith, naturally biased, prejudiced and politically motivated with no connection to upholding justice”.
“Other recommendations too besides starting investigations”
“Further, the STF’s recommendations are not limited to the Auditor-General’s (A-G) office and other agencies carrying out an audit and appropriate investigation into possibilities of misconduct by Thomas,” he noted.
“Other important recommendations were made to ensure that judicial independence can function both in the judiciary as well as in the AG’s office.”
Among others, the STF recommended the separation of the functions and responsibilities of the AG and the public prosecutor (PP), roles that are currently both held by the AG.
This as the function and responsibility of the AG is to advise the King and the Government on legal matters, while the PP prosecutes criminal cases that have been investigated by the police and other investigative organisations (which may implicate Government agencies and leaders as well at times).
Moving forward, the STF iterated that the office of the PP should be an independent entity separated from the AG so that prosecutorial powers would not be under the latter’s control and remain free from any form of interference from the executive.
The STF also urged the Government to amend Section 5(1)(f) of the Judicial Appointments Commission Act so that the appointment of its four eminent persons would be similar to the appointment of members of the Judicial and Legal Services Commission under Article 138(c) of the Federal Constitution, which provides the power to the Yang di-Pertuan Agong to do so based on the advice of the chief justice and the prime minister.
Doing this, the STF explained, would remove any semblance of executive involvement in the appointment of bodies responsible for the selection and appointment of judges and judicial officers.
Lastly, the STF recommended that changes be made to the Judicial and Legal Services Commission as well so that the administration of the judicial service and powers to appoint judicial officers would be vested with the chief registrar of the Federal Court and not the AG.
“Would Ismail adopt these recommendations by the STF to promote judicial independence free from political interference?” Lim asked.
“Ismail cannot pick and choose which recommendations by the STF with the sole intention to benefit him politically in the impending general elections,” he added, referring to the Nov 19 federal polls. – Oct 22, 2022
Main photo credit: Bernama
