KUALA LUMPUR: Former Attorney-General (AG) Tan Sri Tommy Thomas has filed a lawsuit against the special task force which probed his infamous memoir "My Story: Justice in The Wilderness" and questioned his conduct while in office.
Thomas filed the lawsuit at the High Court through his lawfirm Messrs Tommy Thomas Advocates and Solicitors about 11.40am today.
He named the task force team members – Datuk Seri Fong Joo Chung, Datuk Seri Hashim Paijam, Datuk Dr Junaidah Kamarruddin, Datuk Jagjit Singh Bant Singh, Datuk Shaharudin Ali, K. Balaguru, Farah Adura Hamidi, Mohd Najib Surip and the government as defendants.
Thomas claimed the establishment of the illegal special task force to purportedly enquire into his conduct and make findings against him was illegal and ultra vires.
He said all purported actions, investigations, and action or steps taken by the defendants were unsupported by any written law and were therefore illegal and void.
He said a Royal Commission of Inquiry (RCI) which was provided for under the Commission of Inquiry Act 1950 - by appointment of the Yang di-Pertuan Agong, could enquire into the conduct of any federal officer (such as himself), and thereafter render a report.
He added that in the procedures for an RCI, a person who is the subject of enquiry is entitled to be present, and represented by counsel, throughout the enquiry.
"An RCI's enquiry process is therefore open and transparent, unlike this unlawful special task force," he said.
Thomas claimed the illegal special task force had no power to require, direct, or recommend the public prosecutor or investigating agencies to investigate 'possible offences'.
"This is unlike an RCI, which may require the public prosecutor to cause any matter relevant to the enquiry to be investigated and such persons appointed to investigate shall have the powers similar to those in police investigations.
"The defendants, through this special task force, have conducted themselves similarly to that of an RCI, without any legal basis," he said.
Thomas said he refused to cooperate with the investigation as it could set a dangerous precedent putting at risk the independence of the Attorney-General's Office.
"My participation and cooperation would have legitimised them, and I therefore did not do so.
"I would not be judged by my peers as several members of the illegal special task force were my juniors.
"The illegal report which contained false baseless allegations was published with the intention to harm my reputation," he said.
Thomas is seeking a declaration that the illegal special task force is an unlawful body of persons having no authority in law to perform the function assigned to them by the government.
He is also seeking a declaration that the purported report titled - 'Laporan Pasukan Khas Petugas Khas – Siasatan Ke Atas Dakwaan-Dakwaan Dalam Buku Bertajuk 'My Story: Justice In The Wilderness' is an illegal document.
In September, caretaker prime minister Datuk Seri Ismail Sabri Yaakob said Thomas should be immediately investigated for sedition and several other offences arising from the contents of his controversial memoirs.
The former A-G was subsequently probed under Section 8 of the Official Secrets Act (OSA), Section 23 of the Malaysian Anti-Corruption Commission (MACC) Act and Sections 124I and 203A of the Penal Code.
A special task force formed to look into allegations in Thomas' book had identified 19 issues, which had been narrowed down into four main issues.
The four issues included allegations levelled against the judiciary; exposing government secrets; abuse of power and professional negligence, and seditious statements.
The book, titled "My Story: Justice in the Wilderness", was published in January last year.