PETALING JAYA: Former attorney-general (AG) Tan Sri Tommy Thomas (pix) will not co-operate with the task force initiated to investigate his book ‘My Story: Justice in the Wilderness’, because it is unconstitutional, The Malaysian Insight reports.
According to the report, Thomas said agreeing to such a move will set a dangerous precedent.
“The AG is appointed by the King, pursuant to article 145(1) of the Federal Constitution, on the advice of the prime minister.
“Under article 145(3), the AG, as a public prosecutor, is empowered at his or her discretion to institute, conduct, or discontinue any proceedings for an offence, save for proceedings before a Syariah Court, a native court or a court martial.
“The public prosecutor is not accountable to the cabinet or others in the executive branch with regard to prosecutorial decisions,” Thomas reportedly said in a statement.
He also stressed that there is also no legal basis for the task force.
On December 8, Minister in the Prime Minister’s Department (Law and Parliament) Datuk Seri Wan Junaidi Tuanku Jaafar said former Sarawak state attorney-general Datuk Seri Fong Joo Chung will be leading a task force to look into allegations made by Thomas in his book.
Other special officers in the task force include former Sabah secretary Hashim Pijan, former director of the legal affairs division Junaidah Kamaruddin, former judge and AGC senior federal counsel Jagjit Singh and representatives from ministries.
The task force held its first meeting on December 23 and has been given six months to submit a report on its findings.
Thomas released his book earlier last year. Among the issues discussed in the book are the abuse of power in appointing judges, alleged interference of the executive body in the judicial system, and selective prosecution claims.
