He said that as the AG who also doubles as public prosecutor, Thomas is entitled to look into the papers and decide whether to prosecute or otherwise.
“It is totally unfair to pre-judge him and question his integrity without evidence,” said Abu Talib, who was the AG from 1980 to 1993.
“He is the AG and you cannot hold the past against him. It is his call or else it will be seen as him abdicating from his duty as AG and public prosecutor,” he told FMT.
Lawyer Mohamed Haniff Khatri Abdulla had urged Thomas to disqualify himself from being part of any decision involving the allegation by Muhammed Yusoff Rawther against Anwar.
This was after Bukit Aman said police were consulting with Thomas on the next course of action.
Haniff said there would be questions of conflict of interest and natural justice raised if Thomas were to be part of the case.
He cited Thomas’ past statements in defence of Anwar when the PKR president was charged with sodomising his former aide Mohd Saiful Bukhari Azlan.
Abu Talib said Thomas, being a former senior counsel and now the AG, knew what was right and wrong in the name of justice.
“As the saying goes, justice must not only be done, it must also be seen to be done.
“Thomas would know what needs to be done in holding that public office,” he said.
Abu Talib said Thomas would also be assisted by his deputy public prosecutors in arriving at any decision.
Yusoff’s police report against Anwar in early December resulted in a probe by the Classified Criminal Investigation Unit (D5) under Section 354 of the Penal Code, which deals with using criminal force to outrage a person’s modesty.
Police had recorded statements from him and Anwar. The PKR president has rejected the allegations.
Yesterday, Bukit Aman’s Criminal Investigation Department director Huzir Mohamed said the case was one of three referred to the AG, the other two being the gay sex video implicating Mohamed Azmin Ali, and murder allegations against Najib Razak by Azilah Hadri, who has been sentenced to death for the murder of Altantuya Shaariibuu.