PETALING JAYA: Former attorney general (AG) Tan Sri Tommy Thomas lacked the experience to run the Attorney General’s Chambers and the only remedy he took to address its shortcomings was to appoint external lawyers, according to the recently declassified special task force report on the former AG’s book.
The 822-page long report was presented to the Cabinet on Sept 30 after the task force completed its investigation into allegations in Thomas’ book titled “My Story: Justice in the Wilderness”.
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The task force reported that Thomas was incapable of running the AGC.
“Though he is legally qualified to be appointed as the AG, he lacked the experience and management skills to head or be in charge of a large government department like the AGC, with over 2,000 legal officers and many supporting staff members.
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“Although Thomas was critical of what he perceived as lack of experience of legal officers in certain areas of the law and their lack of commitment in their work, he did not take or initiate any measures to remedy these shortcomings – the only measure he took was to appoint external lawyers of his choice at the Federal Government’s expense,” stated the report.
The report stated that in the course of the investigations which began on Dec 23, 2021 until Aug 22 this year, task force conducted lengthy information gathering before it writing the report.
“We held consultative discussions with individuals and parties whom the task force considered as interested parties, stakeholders, government agencies or person who could provide the task force with the relevant information and documents including police reports made against Tan Sri Tommy Thomas relating to his allegations in his book. In all, there were 19 consultative discussion sessions involving 15 individuals and parties.
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“On Jan 5, Thomas stated in a letter that he would not cooperate with the task force,” the report stated.
The special task force divided all the allegations published in the book into four issues.
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“After further deliberations, there are four main issues which are: Judiciary; disclosure of government’s information and secrets; unauthorised actions, abuse of power and professional negligence; and seditious statements,” said the report.
Under “judiciary”, the task force listed, among others executive interference in the appointment of judges, forum shopping and judges being overly close to the Executive or beholden to the Executive.
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Under unauthorised actions, abuse of power and professional negligence, Thomas was alleged to have acted in excess of authority in the Equanimity (the superyacht formerly owned by fugitive Jho Low) and disclosing information on Goldman Sach’s case.
“From our analysis and observations into these allegations and the information and documents made available to us, it is our view that there have been possible infringement of the following laws and regulations: Section 124I and 203A of Penal Code, Section 23 of Malaysian Anti-Corruption Commission Act, Section 8 of Official Secrets Act 1972, Section 4 of Sedition Act 1948 and government regulations, procedures and circulars.
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“Executive interference in the appointment of judges and its effect on judicial independence generally, unauthorised disclosure of government information and secrets, abuse of power, action taken in excess of authority and professional negligence,” said the report.
The task force was chaired by Sarawak Legal Adviser and former state attorney general Datuk Seri Fong Joo Chung, and had seven other members appointed for their expertise on various matters.
Published last year, the book was criticised by various quarters including the current Attorney General’s Chambers, lawyers, politicians and some of the public for allegedly containing elements of incitement, insults and defamation.