Malaysia
Cops to probe ex-AG Tommy Thomas over SRC case comments in memoir after former solicitor general III Hanafiah Zakaria alleges defamation
Attorney General of Malaysia Tan Sri Tommy Thomas speaks during a regional law conference in Petaling Jaya October 5, 2019. u00e2u20acu201d Picture by Choo Choy May

KUALA LUMPUR, Feb 3 — The police confirmed today that an investigation has been launched against ex-attorney general (AG) Tan Sri Tommy Thomas over the latter’s memoir My Story: Justice in the Wilderness after a former senior Attorney General’s Chambers (AGC) officer alleged criminal defamation in the book.

Selangor Criminal Investigations Department chief Senior Assistant Commissioner Datuk Fadzil Ahmat confirmed the matter when asked if the authorities would be commencing investigations against Thomas over the contents of the latter’s book as alleged by former solicitor general III Datuk Mohamad Hanafiah Zakaria after lodging a police report.

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"Yes, there is. Section 500 of the Penal Code for defamation. A police report was lodged yesterday.

"We will call him (Thomas) in to record his statement at the earliest possible time to assist ongoing investigations,” he said to reporters briefly.

Under the Penal Code, those convicted of defamation are liable to punishment of up to two years in prison, or a fine, or both.

Mohamad Hanafiah has since confirmed to Malay Mail that he lodged a police report last night at the Cyberjaya police station which falls under the Sepang police district.

According to the report, Hanafiah cited page 248 of the book, specifically a paragraph about Thomas’ thoughts on AGC officers’ abilities to lead preparations for the trial involving the misappropriation of funds at former 1Malaysia Development Berhad (1MDB) subsidiary, SRC International Sdn Bhd, by former prime minister Datuk Seri Najib Razak.

Hanafiah quoted Thomas as saying that he was not confident Hanafiah and another senior AGC officer were "capable of leading and supervising the incredible amount of preparation required for the SRC trial” and that both of them were allegedly "more comfortable performing administrative duties” due to their "seniority in a bureaucratic organisation like the AGC” rather than preparing for a trial.

In his police report, Hanafiah had described the paragraph as untrue.

Hanafiah claimed the offending section of the book was false and damaging to his reputation as a deputy public prosecutor of 33 years by allegedly suggesting he was lazy and incapable of handling the prosecution of the SRC case.

Thomas was attorney general from June 2018 to February 2020. His book numbering more than 500 pages was released on January 30, 2021.

Najib was in July 2020 convicted by the High Court and found guilty on all seven charges in the SRC trial. He is currently appealing the conviction and sentence against him.

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