KUALA LUMPUR: The High Court here today has dismissed former Attorney-General (AG) Tan Sri Tommy Thomas’s application to strike out a suit filed by Tan Sri Shahrir Ab Samad against him and three others over malicious prosecution.
Judicial Commissioner Roz Mawar Rozain in rejecting the application ruled that the case is set to go on full trial for seven days from March 9 to 12 and April 27 to 29, 2026.
The court also set this Sept 11 for case management.
The matter was confirmed by Shahrir’s counsel Datuk Firoz Hussein Ahmad Jamaluddin when met by Bernama after the proceedings in chambers.
The former Johor Bahru Member of Parliament filed the suit last December and named Thomas, former Malaysian Anti-Corruption Commission (MACC) chief Latheefa Koya, MACC and the government as defendants.
The suit was over a RM1 million cheque he received from former prime minister Datuk Seri Najib Tun Razak for the purpose of rehabilitation works for the Puri Langkasuka housing project in Larkin, Johor.
Thomas, who was the AG from June 4, 2018, to Feb 28, 2020, had in his affidavit in support denied Shahrir’s claims against him in the statement of claim, which included misfeasance in public office, and describing it as “unsustainable.”
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 the MACC.
Thomas said he resigned on Feb 28, 2020 and on July 26, 2022, Shahrir’s criminal trial for the charge commenced.
On Jan 5, 2023, the KL High Court freed Shahrir of a charge of failing to declare to the Inland Revenue Board (IRB) an income of RM1 million allegedly received from Najib.
The decision was ruled by Justice Datuk Muhammad Jamil Hussin after the prosecution told the court that it did not wish to continue with the case.
