Court Sets Aside Thomas’ Third-Party Notice To Bring Idrus Harun Into Shahrir’s Civil Suit

KUALA LUMPUR, June 12 (Bernama) -- The High Court here today allowed an application by the government and two others to set aside a third-party notice filed by former Attorney-General (AG) Tan Sri Tommy Thomas to bring his successor, Tan Sri Idrus Harun, into Tan Sri Shahrir Ab Samad’s malicious prosecution suit.

Judge Gan Techiong held that it was the plaintiff’s prerogative to determine whom to name as defendants and noted that Shahrir had elected not to include Idrus in the civil suit.

He said Thomas, the first defendant, would not suffer any prejudice from the setting aside of the third-party proceedings, as he remains entitled to subpoena Idrus as a witness if necessary.

“The first defendant’s constitutional rights are not affected by the absence of his successor as a third party in this civil suit.

“I am therefore of the view that the second, third and fourth defendants' application to set aside the third party notice ought to be allowed to avoid wasting costs for the fourth defendant (the government),” he said.

Apart from the government, two other defendants are former Malaysian Anti-Corruption Commission (MACC) chief commissioner Latheefa Koya and the MACC.

Judge Gan said the government’s position was that Thomas had acted in good faith and in the discharge of his legal duties as AG and Public Prosecutor when decisions were made regarding the criminal charges against the plaintiff.

He said since the government would be vicariously liable if this court found the first, second and third defendants liable to pay compensation to the plaintiff, there is no basis for the first defendant to claim any indemnity from the third party.

“The fourth defendant should not be made to bear additional costs for the third-party proceedings, which are unnecessary in this case.  

“I reiterate the point that the first defendant may rest assured that if this court finds him liable to pay any compensation to the plaintiff, the fourth defendant shall be vicariously liable to pay the plaintiff,” he added.

On Jan 30 this year, Thomas obtained leave through an ex-parte application to issue a third-party notice against Idrus. He is seeking to claim full indemnity or contribution from Idrus in the event of this court holding the first defendant liable to pay damages to the plaintiff. 

Thomas takes the position that following his resignation in February 2020, he had no further involvement in the prosecution against the plaintiff and Idrus, who was named as the third party in this civil suit was the AG when the criminal trial commenced, resulting in 22 prosecution witnesses being called before a discharge was applied for by the prosecution on Jan, 5, 2023. 

Counsel Syahrul Syazwan Salehin representing Shahrir, while Mervyn Lai and Haikaldin Mahyidin acted for Thomas. Senior Federal Counsel Zureen Elina Mohd Dom acted for the second, third and fourth defendants.

The former Johor Bahru Member of Parliament’s lawsuit over a RM1 million cheque he received from former prime minister Datuk Seri Najib Tun Razak for restoration work on the Puri Langkasuka housing project in Larkin, Johor.

Thomas, who served as AG from June 2018 to February 2020, refuted Shahrir’s allegations of abuse of power, describing them as “unsustainable”. He further explained that he resigned on Feb 28, 2020, and that Shahrir’s criminal trial for the charges began on July 26, 2022.

On Jan 5, 2023, High Court Judge Datuk Muhammad Jamil Hussin acquitted Shahrir on the charge of failing to declare the RM1 million income received from Najib to the Inland Revenue Board. 

The trial of this suit was fixed on Aug 19.

-- BERNAMA