FEBRUARY 18 — Lawyer Shaharudin Ali was a member of a special task force that was set up in 2022 to probe former Attorney General Tommy Thomas’ claims of excessive interference by the executive in the judicial system and selective prosecution.
The claims were made in Thomas’ memoir “My Story: Justice in the Wilderness”.
Thomas contended that the eight-man task force was set up illegally as they were not appointed under the authority of any written law, and as such is unlawful and illegal.
“The establishment of this illegal special task force to purportedly enquire into my conduct and make findings and recommendations against me is without legal basis and its conduct ultra vires,” Thomas reportedly said.
The former AG added that the task force was unlike a Royal Commission of Inquiry (RCI) whose members would be appointed by the Yang di-Pertuan Agong and whose processes would be transparent and open.
Shaharudin has now raised concerns over the formation of the task force to look into claims involving Malaysian Anti-Corruption Commission (MACC) chief Azam Baki.
“We risk repeating the same... legal challenge.... That serves neither justice nor public confidence,” the lawyer posted on X.
I share Shaharudin’s concern.
As I wrote in “Rule of law demands that we know the law, first and foremost” the relevant provisions of the law seem to have been overlooked.
The probe of Azam Baki must be in accordance with the law—that is, the Public Officers (Conduct and Discipline) Regulations 1993, which can be read here and the Public Services Disciplinary Board Regulation Regulations 1993, which can be read here.
The much referred 182-page 2024 circular on the code of conduct and management of public officers’ discipline itself makes reference to both Regulations, which can be read at page 10 of the circular (paragraph 3):
*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
