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By Kenneth Tee
Monday, 02 Oct 2023 3:52 PM MYT
KUALA LUMPUR, Oct 2 — Sued by former attorney general Tan Sri Tommy Thomas, the federal government today in its bid to quash the suit over a task force that was formed to investigate statements the latter made in his book My Story: Justice in the Wilderness.
Datuk Wan Ahmad Farid Wan Salleh, the High Court judge presiding over the case in Shah Alam, Selangor, said he would be seeking directions from the managing judge of the High Court in Kuala Lumpur for Thomas’s originating summons (OS) to be transferred to a different civil court.
“In view of my ruling, I am not prepared to strike out this suit, however I am directing that this OS be converted into a civil suit for the matter to be heard and disposed of in a full trial.
“Since the matter will be heard by a judge of the same division, I will refrain myself from making any determination on the constitutionality and legality of the special task force,” he said in delivering his judgment through video-conferencing platform Zoom.
Wan Farid noted that the affidavits filed in connection with Thomas’s application reveal many disputed facts, adding that “a claim of such nature cannot be resolved through affidavit evidence.”
The judge also clarified that he was not saying the ex-AG had no cause of action, but that the reliefs sought by Thomas involved the loss of reputation, where the usual legal action would be a defamation suit.
No order as to costs was made.
Lawyers Mervyn Lai and Haikaldin Mahyidin appeared for Thomas while the defendants were represented by senior federal counsels Shamsul Bolhassan and Liew Horng Bin.
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[Updated] Tommy Thomas’ lawsuit against special task force over memoir probe heads to full trial
By Rahmat Khairulrijal – October 2, 2023 @ 3:32pm
KUALA LUMPUR: Former Attorney-General (AG) Tan Sri Tommy Thomas’ lawsuit against the special task force (STF) which probed his infamous memoir “My Story: Justice in The Wilderness”, will go for a full trial.
High Court Judge Datuk Wan Ahmad Farid Wan Salleh instructed that Thomas’s originating summons (OS) against the defendants be converted into a civil suit, where witnesses would testify in court.
An OS is a legal document used to initiate civil proceedings seeking specific remedies often without the need for a full trial.
In Oct last year, Thomas filed the OS seeking a declaration that an eight-member task force formed by the government to investigate claims in his memoir, is an unlawful body.
Wan Ahmad Farid in his judgement today said it was improper for this matter to be resolved solely through the submissions of affidavits by both parties.
“Certain parts of the allegations of fact made by the plaintiff (Thomas) are hearsay… A claim of this nature cannot be resolved by way of affidavit evidence.
“The fact that the plaintiff anchored his claim on the potential breach of his constitutional rights does not dilute the main claim which is based on the tort of defamation.
“Thus, I am directing that this OS be converted into a civil suit for the matter to be heard and disposed of in a full trial,” he said.
The court also refrained from making any determination on the constitutionality or legality of the STF as it has to be canvassed at the Civil Court.
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weehingthong 