KUALA LUMPUR (Oct 27): Former attorney general Tan Sri Tommy Thomas filed an originating summons (OS) on Thursday (Oct 27) to seek a declaration that an eight-member task force formed by the government to investigate claims made in his book, My Story: Justice in the Wilderness, is an unlawful body.
Thomas filed the application in the High Court through his law firm Messrs Tommy Thomas, and named all eight members of the task force as defendants.
He is also seeking a declaration that owing to the task force being an unlawful body, the report prepared by them should be considered an illegal document, and hence its publication violates Sections 499 and 500 of the Penal Code, and Section 233 of the Communications and Multimedia Act.
Sections 499 and 500 of the Penal Code concern criminal defamation.
Thomas is also seeking a declaration that the publication of the report amounts to a violation of his rights and reputation under Article 5(1) and Article 13(1) of the Federal Constitution.
Article 5(1) and Article 13 of the Federal Constitution concern liberty of a person and right to property.
Besides this, Thomas in the OS also wants compensation to be assessed for violation of his constitutional rights, along with aggravated and exemplary damages.
Thomas, in his affidavit in support of the application, said the task force was formed in October last year, when its members were not acting under any written law.
"Hence the purported special task force comprising the eight defendants is therefore an unlawful and illegal body," he said.
On Sept 30 this year, the task force presented its findings to the government and Prime Minister Datuk Seri Ismail Sabri Yaakob.
The allegations centred on the following issues: accusations against the judiciary, revealing government information and secrets, unlawful actions, abuse of power, professional negligence, and seditious statements.
He said a copy of the illegal report marked confidential was however leaked online on Oct 6.
After Parliament was dissolved on Oct 10, a copy of the report was available in the Prime Minister's Department Legal Affairs Division.
Thomas pointed to Ismail Sabri's speech on Oct 17, during which the caretaker PM said the report could be used as "political bullets" for the general election.
He added that the establishment of the illegal special task force to make findings against him is without legal basis and its conduct is ultra vires.
"It is unlike the Royal Commission of Inquiry which is provided for under the Commission of Inquiry Act 1950 by the appointment of the Yang di-Pertuan Agong to enquire into, among other persons the conduct of any other federal officer (such as myself as the former AG) and render such a report."
Thomas said the task force has no power to require, direct or recommend the public prosecutor or investigating agencies to investigate "possible offences".
He added that he wrote to members of the task force last January and warned that they would be setting a dangerous precedent as its formation was made without any legal basis.
Moreover, the release of the report has damaged his reputation and wrongfully imputed among others that he had committed offences during his tenure as AG, had acted unlawfully and abused his powers, exposed government secrets, interfered with judicial appointments and participated in corrupt acts.
For these reasons, Thomas said he filed this action and sought such reliefs.