LETTER | The cabinet had agreed on Dec 22, 2021, with the establishment, membership and terms of reference of a special task force to investigate allegations in the book written by former attorney-general (AG) Tommy Thomas titled “My Story: Justice in the Wilderness”.

The task force was established to so-called “fact find” the allegations in the book.

It duly identified the allegations, carried out an analysis of its observations and finally submitted recommendations to the government.

The recommendations are contained in a report entitled “Laporan Pasukan Petugas Khas Siasatan Ke Atas Dakwaan-Dakwaan Dalam Buku Bertajuk My Story: Justice in the Wilderness”.

The report has been declassified and is available on the official website of the Legal Affairs Division, Prime Minister Department.

The 225-page report begins with an executive summary. According to the summary, the task force held consultative discussions with individuals and parties whom they considered as interested parties, stakeholders, government agencies or persons who could provide them with relevant information and documents including police reports made against Thomas relating to his allegations in the book.

Thomas, however, questioned the appointment of the task force in a letter dated Jan 5, 2022, to its chairperson and stated that he would not cooperate.

If not for the declassifying of the report, the public would not know that the former AG had raised issues on the appointment of the task force very early after its establishment – within 14 days.

So, it is not surprising that Thomas has sprung into action by filing a suit against the task force and the government, in which he avers that the publication of the report is a breach of law and his constitutional rights.

The former AG names task force chairperson JC Fong and its members, Hashim Paijan, Junaidah Kamarruddin, Jagjit Singh Bant Singh, Shaharudin Ali, K Balaguru, Farah Adura Hamidi and Najib Surip, as defendants.

He is seeking declarations that the task force was an unlawful body and has no legal authority to perform the function assigned to it by the government, which he also names as a defendant, and that the report is an illegal document and not authorised by law.

The government could have just proceeded with the recommendations of the task force, mainly, that the police investigate the former AG for alleged offences committed by him (see pages 211-212 of the report).

So, it looks like the Bar Council had rightly exercised caution when it decided not to participate in the task force’s “consultative discussions” despite being invited.

Its president, Karen Cheah, has also questioned the impartiality of the task force which minister Wan Junaidi Tuanku Jaafar said “is both baseless and inaccurate”.

Be that as it may, it is curious – to say the least – that the report was declassified. It has exposed the government to a legal suit.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.