Thomas files third-party claim against Idrus in Shahrir suit

Thomas files third-party claim against Idrus in Shahrir suit

The cause papers were served at the Attorney-General's Chambers on Thursday.

(From left) Ex-MP Shahrir Samad is suing former attorney-general Tommy Thomas for malicious prosecution, with Thomas seeking indemnity from his successor, Idrus Harun.
KUALA LUMPUR:
Former attorney-general Tommy Thomas has filed a third-party indemnity claim against his successor, Idrus Harun, in connection with a malicious prosecution suit brought by ex-MP Shahrir Samad.

If granted, the claim will allow Thomas to seek a full indemnity or partial contribution from Idrus of any damages payable by Thomas to Shahrir as ordered by the court.

Documents sighted by FMT revealed that Thomas, who held the office of attorney-general from June 2018 to February 2020, had on Jan 30 this year obtained leave from the High Court to bring the third-party claim.

His solicitors served the cause papers at the Attorney-General’s Chambers yesterday.

The application, filed on Thomas’s behalf last September, said the claim was made pursuant to Section 10(c) of the Civil Law Act 1956.

Idrus was the attorney-general from 2020 to 2023.

The trial of Shahrir’s suit against Thomas is scheduled to be heard before Judicial Commissioner Gan Techiong, and will take place on June 3, 8, 9 and July 15 and 17.

The former Johor Bahru MP filed the suit in December 2023, naming Thomas, the Malaysian Anti-Corruption Commission (MACC), its former chief commissioner Latheefa Koya, and the government as defendants.

The dispute arose over a RM1 million cheque Shahrir received from former prime minister Najib Razak for the rehabilitation of the Puri Langkasuka housing project in Larkin, Johor.

Shahrir’s suit alleges misfeasance in public office, an allegation which Thomas denies.

According to Thomas, the discretion whether to charge only becomes exercisable after the public prosecutor is presented with the investigation papers submitted by investigating agencies, such as MACC.

Thomas said he resigned on Feb 28, 2020, and that Shahrir’s criminal trial only commenced on July 26, 2022.

On Jan 5, 2023, the Kuala Lumpur High Court dismissed a charge against Shahrir for failing to declare a sum received by the Inland Revenue Board as taxable income, after the prosecution withdrew the case.

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