Ex-AG Thomas fails in bid to rope successor into MP’s lawsuit

KUALA LUMPUR: Former attorney-general Tommy Thomas has failed in his attempt to bring his successor, Idrus Harun, into a malicious prosecution lawsuit filed against him by former MP Shahrir Samad.

The High Court struck out Thomas’s third-party indemnity claim against Idrus and two others today, ruling that there was no legal basis for such a move.

Justice Gan Techiong said Thomas need not seek indemnity from Idrus, as the government would be vicariously liable if the court ultimately finds Thomas and his co-defendants responsible for damages.

“The first defendant (Thomas) may rest assured that if this court finds him liable to pay compensation to the plaintiff, the fourth defendant (the government) shall be vicariously liable to pay the plaintiff,” Gan said in his broad grounds of judgment.

He said the government should not be burdened with additional costs arising from unnecessary third-party proceedings.

Thomas would also suffer no prejudice if the third-party proceedings were set aside.

“His constitutional rights are not affected by the absence of his successor as third party in this civil suit,” Gan said.

He allowed the application by former Malaysian Anti-Corruption Commission chief Latheefa Koya, the MACC and the government to strike out the third-party proceedings initiated by Thomas.

However, he said, Thomas remained at liberty to subpoena Idrus, who served as the attorney-general from 2020 to 2023, as a witness during the trial.

Shahrir, the former Johor Bahru MP, filed the suit in December 2022 against Thomas, Latheefa, the MACC and the government, alleging misfeasance in public office arising from his prosecution.

The dispute stems from a RM1 million cheque Shahrir received from former prime minister Najib Razak for the rehabilitation of the Puri Langkasuka housing project in Larkin, Johor.

Thomas, who was the attorney-general from June 2018 to February 2020, denies abusing his powers and maintains that prosecutorial decisions were made only after reviewing investigation papers submitted by the relevant agencies.

He said he resigned as the attorney-general on Feb 28, 2020, while Shahrir’s criminal trial only commenced on July 26, 2022.

On Jan 5, 2023, the Kuala Lumpur High Court discharged and acquitted Shahrir after the prosecution withdrew a charge alleging that he had failed to declare the RM1 million he received from Najib to the Inland Revenue Board as taxable income.

The trial of Shahrir’s civil suit is scheduled to be heard on Aug 19 and Sept 4, 7, 9, 29 and 30.

Senior federal counsel Zureen Elina Dom and Siti Syakimah Ibrahim, together with federal counsel Zul Izzati Zulkifli, represented Latheefa, the MACC and the government.

Lawyers Mervyn Lai and Haikaldin Mahyidin appeared for Thomas, while Syahrul Syazwan Salehimn acted represented Shahrir.