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{{quote|I am of the view that the charge against Hương ought to have been dropped the same way it was dropped against Siti Aisyah, if the Attorney General (AG) was of the view that [[North Korea]] had a hand in Kim's murder. Subjecting Hương to further prosecution and not her co-accused, particularly when a ''[[prima facie]]'' case has been found against both, is, with respect, unprecedented and regrettable. Since both Hương and Siti Aisyah were charged together, Hương has a constitutional right to be treated the way Siti Aisyah was, as she is entitled to equal protection of the law. Hương would never know why she was treated differently from Siti Aisyah. If she is convicted, she will always wonder if Siti Aisyah was equally culpable. In cases like these, the discretion of the AG ought to be open to question, particularly when a person's life is at stake.<ref name="misusing of power by AG"/><ref name="Malaysian judiciary bias judgement"/>}}
{{quote|I am of the view that the charge against Hương ought to have been dropped the same way it was dropped against Siti Aisyah, if the Attorney General (AG) was of the view that [[North Korea]] had a hand in Kim's murder. Subjecting Hương to further prosecution and not her co-accused, particularly when a ''[[prima facie]]'' case has been found against both, is, with respect, unprecedented and regrettable. Since both Hương and Siti Aisyah were charged together, Hương has a constitutional right to be treated the way Siti Aisyah was, as she is entitled to equal protection of the law. Hương would never know why she was treated differently from Siti Aisyah. If she is convicted, she will always wonder if Siti Aisyah was equally culpable. In cases like these, the discretion of the AG ought to be open to question, particularly when a person's life is at stake.<ref name="misusing of power by AG"/><ref name="Malaysian judiciary bias judgement"/>}}


The perception of bias judgement was further strengthened when findings by the [[Malaysian Chinese Association]] (MCA) President [[Wee Ka Siong]] revealed that the country [[Prime Minister of Malaysia|Prime Minister]] could still influencing attorney general decision making based on the reply by the latter towards his question.<ref>{{cite web|url=https://www.thestar.com.my/news/nation/2019/03/14/wee-questions-executive-meddling-of-legal-process/|title=Wee questions 'executive' meddling of legal process|author=Sira Habibu|publisher=The Star|date=14 March 2019|accessdate=16 March 2019}}</ref> Outgoing President of the [[Malaysian Bar]] George Varughese also expressing his opinion that although he believe the attorney general may have his own reason, the latter are still required to explained his reasons for the dropping of charges on only one of the two accused than remain silent to avoid speculation that undermine the integrity of the country judiciary systems.<ref>{{cite web|url=https://www.thestar.com.my/news/nation/2019/03/15/ags-prerogative-to-drop-charges-against-siti-aisyah-in-kim-jong-nams-murder-case-says-outgoing/|title=AG’s prerogative to drop charges against Siti Aisyah in Kim Jong-nam’s murder case, says outgoing Malaysian Bar chief|publisher=The Star|date=15 March 2019|accessdate=16 March 2019}}</ref> Similar views were also expressed by the newly elected Malaysian Bar President Abdul Fareed Abdul Gafoor where he urged Thomas to explained his reasons since the case was a high-profile one.<ref>{{cite web|url=https://www.thestar.com.my/news/nation/2019/03/16/new-msian-bar-president-ag-should-explain-why-charges-against-doan-not-dropped/|title=New M'sian Bar president: AG should explain why charges against Doan not dropped|author=Clarissa Chung|publisher=The Star|date=16 March 2019|accessdate=18 March 2019}}</ref> Attempts to calling the attorney general office outside business hours in Sunday however lead to unanswerable phone call.<ref>{{cite web|url=https://www.bloomberg.com/news/articles/2019-03-17/malaysian-bar-chief-asks-for-explanation-on-kim-murder-case|title=Malaysian Bar Chief Asks for Explanation on Kim Murder Case|author=Yudith Ho|publisher=Bloomberg|date=17 March 2019|accessdate=18 March 2019|quote=Attorney-General Tommy Thomas should explain the inconsistency, especially since the case has attracted global attention, the newly elected head of the Malaysian Bar Council, Abdul Fareed Abdul Gafoor, said in a statement. Thomas's office didn’t answer a phone call seeking comment Sunday outside business hours.}}</ref>
The perception of bias judgement was further strengthened when findings by the [[Malaysian Chinese Association]] (MCA) President [[Wee Ka Siong]] revealed that the country [[Prime Minister of Malaysia|Prime Minister]] could still influencing attorney general decision making based on the reply by the latter towards his question.<ref>{{cite web|url=https://www.thestar.com.my/news/nation/2019/03/14/wee-questions-executive-meddling-of-legal-process/|title=Wee questions 'executive' meddling of legal process|author=Sira Habibu|publisher=The Star|date=14 March 2019|accessdate=16 March 2019}}</ref> Outgoing President of the [[Malaysian Bar]] George Varughese also expressing his opinion that although he believe the attorney general may have his own reason, the latter are still required to explained his reasons for the dropping of charges on only one of the two accused than remain silent to avoid speculation that undermine the integrity of the country judiciary systems.<ref>{{cite web|url=https://www.thestar.com.my/news/nation/2019/03/15/ags-prerogative-to-drop-charges-against-siti-aisyah-in-kim-jong-nams-murder-case-says-outgoing/|title=AG’s prerogative to drop charges against Siti Aisyah in Kim Jong-nam’s murder case, says outgoing Malaysian Bar chief|publisher=The Star|date=15 March 2019|accessdate=16 March 2019}}</ref> Similar views were also expressed by the newly elected Malaysian Bar President Abdul Fareed Abdul Gafoor where he urged Thomas to explained his reasons since the case was a high-profile one.<ref>{{cite web|url=https://www.thestar.com.my/news/nation/2019/03/16/new-msian-bar-president-ag-should-explain-why-charges-against-doan-not-dropped/|title=New M'sian Bar president: AG should explain why charges against Doan not dropped|author=Clarissa Chung|publisher=The Star|date=16 March 2019|accessdate=18 March 2019}}</ref> Attempts to calling the attorney general office outside business hours in Sunday however lead to unanswerable phone call.<ref>{{cite web|url=https://www.bloomberg.com/news/articles/2019-03-17/malaysian-bar-chief-asks-for-explanation-on-kim-murder-case|title=Malaysian Bar Chief Asks for Explanation on Kim Murder Case|author=Yudith Ho|publisher=Bloomberg|date=17 March 2019|accessdate=18 March 2019|quote=Attorney-General Tommy Thomas should explain the inconsistency, especially since the case has attracted global attention, the newly elected head of the Malaysian Bar Council, Abdul Fareed Abdul Gafoor, said in a statement. Thomas's office didn't answer a phone call seeking comment Sunday outside business hours.}}</ref>


== References ==
== References ==

Revision as of 01:05, 18 March 2019

Yang Berbahagia Tuan
Tommy Thomas
Attorney General of Malaysia
Incumbent
Assumed office
4 June 2018
MonarchsMuhammad V
Abdullah
Prime MinisterMahathir Mohamad
Preceded byMohamed Apandi Ali
Personal details
Born1952 (age 72–73)
Kuala Lumpur
SpouseAnna Lype
EducationVictoria Institution
Alma materUniversity of Manchester (LLB)
London School of Economics (MSc)
ProfessionBarrister (Middle Temple, London)

Tommy Thomas is a Malaysian barrister and the current Attorney General of Malaysia.[1][2] He is the first practising barrister to be appointed directly from the Malaysian Bar to be the Attorney General,[3] and the first non-Malay and non-Muslim Malaysian to hold this post after the formation of Malaysia in 1963.

Early life and education

Tommy Thomas was born in Kuala Lumpur in 1952 and graduated from Pasar Road English School and Victoria Institution. He obtained his law degree at the University of Manchester in 1972 and was called to the bar at Middle Temple in 1974.[4] He obtained his M.Sc. in International Relations at the London School of Economics in 1975.[4]

Career

As a barrister

In 2001 and 2010, Thomas represented Pan-Malaysian Islamic Party (PAS)-led Terengganu and Kelantan governments in two separate lawsuits against Petronas over its failure to pay state oil royalty.[5][6]

In 2007 and 2008, he acted for the Securities Commission Malaysia to obtain a landmark High Court judgement ordering the Swisscash operators to pay US$83 million for compensating the investors in the Swiss Mutual Fund, which is known as an Internet-based worldwide Ponzi scheme hatched in Malaysia.[7][8]

In 2013 and 2014, he represented Penang government in its attempt to restore local government elections.[9][10]

Further in 2016 and 2017, he represented 76 next of kin of the passengers on board MH370 to ask Malaysia Airlines to release 37 documents including investigative reports on the missing flight MH370.[11][12]

Thomas was elected Attorney General of Malaysia in 2018. He gave his first speech in Malay as Attorney General on 4 July and received many praises. The video of his speech went viral.[13]

Other career

Thomas was a director of the Malaysian Institute of Corporate Governance from 1995 to 2001. He was appointed Senior Consultant to the Corporate Governance Initiative of the United Nations Development Programme in 2000. He was editor of the report Corporate Governance in Asia: Lessons from the Financial Crisis, published in 2002.[14][15]

He is a life member of the Malaysian Economic Association and the Malaysian Branch of the Royal Asiatic Society.[15]

Publications

Thomas has written 2 publications - Anything But the Law (Essays on Politics & Economics) and Abuse of Power (Selected Works on the Law and Constitution).[16][17]

Launched simultaneously in 2016, both books contained collections of essays he had written over the past 34 years on the Federal Constitution, law, politics and economics and that had been published by online portals and by the Malaysian Bar.[2]

Issues and controversy

Appointment as attorney general

Thomas has previously represented Chin Peng, the leader of the Malayan Communist Party, in appealing to the government to allow his body to be buried in his hometown, Sitiawan despite the appeal was denied. Prior to his nomination as a new attorney general, the issue are touted by detractors as one of the reasons Malaysians should object his appointment.[18] Nevertheless, with the proceed of his appointment, this issue has divided Malaysians with two online petitions; one who supporting while the other opposing due to his faith.[19] Subsequently another petition was launched to urge the Yang di-Pertuan Agong to remove him from attorney general due to his poor command of the Malaysian language in the wake of his asking the court for permission to proceed in English when leading a prosecution against former Prime Minister Najib Razak.[20]

Prosecutorial misconduct and contradictory statements

Thomas sudden decision to drop the corruption cases against Finance Minister Lim Guan Eng without offering any valid reasons has been widely viewed as failing to maintain the "rule of law".[21]

In early January 2019, he was also criticised for making contradictory statement over the proceeding of tribunal against six former Election Commissions (EC) members.[22]

Discriminated authority practice as an attorney general

His shocking decision to freed only one of the two female suspects in the Kim Jong-nam assassination which was later revealed by both Indonesian and Vietnamese media due to Indonesian government request through letter where he accept the request and replied with reason of "taking in consideration of good relations between Indonesia and Malaysia thus agreed to the passage of nolle prosequi for Aisyah" has lead to the perception of bias and discriminated practice in the Malaysian judiciary systems.[23] Despite the huge question from local press on his decision, Thomas keeping silent on the release of Indonesian suspect while letting another Vietnamese suspect on trial for another month despite the accused deteriorated health condition in the longer trial although similar request for release from the Vietnamese government had also been made towards his department,[24] much further when it was also revealed when the Minister in the Prime Minister's Department Liew Vui Keong had explained to the media that power to dismiss charges against any individual in the country rests with the country attorney general as provided under the constitution.[25] Thomas different treatment towards the two suspects in the case also had been heavily criticised by Ramkarpal Singh, the Malaysian Member of Parliament for Bukit Gelugor who felt that Thomas refusal to withdraw the murder charge against the second suspect was "mind boggling and raises questions about the powers of attorney general".[26][27] In a statement made by Ramkarpal:

I am of the view that the charge against Hương ought to have been dropped the same way it was dropped against Siti Aisyah, if the Attorney General (AG) was of the view that North Korea had a hand in Kim's murder. Subjecting Hương to further prosecution and not her co-accused, particularly when a prima facie case has been found against both, is, with respect, unprecedented and regrettable. Since both Hương and Siti Aisyah were charged together, Hương has a constitutional right to be treated the way Siti Aisyah was, as she is entitled to equal protection of the law. Hương would never know why she was treated differently from Siti Aisyah. If she is convicted, she will always wonder if Siti Aisyah was equally culpable. In cases like these, the discretion of the AG ought to be open to question, particularly when a person's life is at stake.[26][27]

The perception of bias judgement was further strengthened when findings by the Malaysian Chinese Association (MCA) President Wee Ka Siong revealed that the country Prime Minister could still influencing attorney general decision making based on the reply by the latter towards his question.[28] Outgoing President of the Malaysian Bar George Varughese also expressing his opinion that although he believe the attorney general may have his own reason, the latter are still required to explained his reasons for the dropping of charges on only one of the two accused than remain silent to avoid speculation that undermine the integrity of the country judiciary systems.[29] Similar views were also expressed by the newly elected Malaysian Bar President Abdul Fareed Abdul Gafoor where he urged Thomas to explained his reasons since the case was a high-profile one.[30] Attempts to calling the attorney general office outside business hours in Sunday however lead to unanswerable phone call.[31]

References

Wikiquote has quotations related to Tommy Thomas.
  1. ^ "With Thomas as AG, Malaysia's finest barrister to lead 1MDB litigation, says his law firm". The Star. 5 June 2018. Retrieved 5 June 2018.
  2. ^ a b "Ex-employee raves about 'best boss' on FB". The Star. 6 June 2018. Retrieved 6 June 2018.
  3. ^ Faiz Halim (5 June 2018). "Malaysian Bar extends full cooperation to new AG Tommy Thomas". The Edge Markets. Retrieved 5 June 2018.
  4. ^ a b "Malaysian Bar Congratulates Tommy Thomas on Being Appointed as the New Attorney General of Malaysia" (Press release). The Malaysian Bar. 5 June 2018. Retrieved 5 June 2018.
  5. ^ "Kelantan sues Petronas for oil royalties". The Edge Markets. 30 August 2010. Retrieved 6 June 2018.
  6. ^ "PAS 'wholeheartedly' accepts appointment of Thomas as AG". Free Malaysia Today. 5 June 2018. Retrieved 6 June 2018.
  7. ^ "In the High Court of Malaya at Kuala Lumpur (Commercial Division)" (PDF). Securities Commission Malaysia. 2007. Archived from the original (PDF) on 18 June 2018. Retrieved 6 June 2018. {{cite web}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  8. ^ "SC To Resolve Swisscash Monies Case Soon". Bernama. South-South Information Gateway. 12 August 2008. Retrieved 18 June 2018.
  9. ^ "Federal Court allows Penang govt to commence petition on local elections". The Star. 27 June 2013. Retrieved 6 June 2018.
  10. ^ Qishin Tariq (9 April 2014). "Parliament cannot abolish local government elections, Federal Court hears". The Star. Retrieved 6 June 2018.
  11. ^ "Court orders Malaysia Airlines to hand over documents on MH370 to passengers' next of kin". The Straits Times. 9 September 2016. Retrieved 7 June 2018.
  12. ^ "Appeals court upholds order that MAS releases documents to MH370 next-of-kin". The Star. 28 February 2017. Retrieved 7 June 2018.
  13. ^ "AG delivers speech in Bahasa Malaysia". The Star. 13 July 2018. Retrieved 15 July 2018.
  14. ^ Corporate Governance in Asia: Lessons from the Financial Crisis. United Nations Development Programme. 2002. ISBN 978-983-40995-0-3.
  15. ^ a b "15 Facts About Tommy Thomas That Every Malaysian Should Know – Tommy Thomas Is The King". Malaysia Today. 4 June 2018. Retrieved 5 June 2018.
  16. ^ Tommy Thomas (2016). Anything But the Law: Essays on Politics and Economics. Strategic Information and Research Development Centre. ISBN 978-967-0960-11-1.
  17. ^ Tommy Thomas (2016). Abuse of Power: Selected Works on the Law and Constitution. Strategic Information and Research Development Centre. ISBN 978-967-0960-08-1.
  18. ^ Zaidi Azmi (4 June 2018). "Some misgivings over Thomas' nomination as AG". The Mole. Retrieved 7 June 2018.
  19. ^ Mei Mei Chu (3 June 2018). "Tale of two petitions shows Malaysians divided on Tommy Thomas as AG". The Star. Retrieved 7 June 2018.
  20. ^ "Petition Launched To Demand AG's Tommy Thomas Removal For Weak BM - Rais Yatim Urged AG To Strive For A Serviceable Command of BM". The Coverage. 6 July 2018. Retrieved 10 July 2018.
  21. ^ Ong Eu Soon (4 September 2018). "Prosecutorial misconduct by Tommy Thomas". Malaysiakini. Retrieved 5 September 2018.
  22. ^ Sira Habibu (31 January 2019). "AG criticised over contradictory statement in tribunal probe against ex-EC members". The Star. Retrieved 31 January 2019.
  23. ^ Widjiono Wasis (14 March 2019). "Terungkap Isi Surat Jaksa Agung Malaysia soal Bebasnya Siti Aisyah" [Revealed Letter Contents from Malaysian Attorney General on the Release of Siti Aisyah] (in Indonesian). Senayan Post. Retrieved 14 March 2019.
     • "Indonesian Ministry of Law and Human Rights Request Letter". Retrieved 14 March 2019 – via Tuổi Trẻ.
     • "Malaysian Attorney-General Respond Letter". Retrieved 14 March 2019 – via Tuổi Trẻ.
     • Rahmat Khairulrijal (14 March 2019). "(Update) Kim Jong Nam murder trial: AGC rejects Vietnam woman's bid to withdraw charge". New Straits Times. Retrieved 14 March 2019.
     • Nadirah H. Rodzi (14 March 2019). "Lawyers for Vietnam woman in Kim Jong Nam murder accuse Malaysia of 'discrimination' as her trial is postponed". The Straits Times. Retrieved 14 March 2019.
     • "Prosecution of Doan: MCA condemns AG's double standard". The Malaysian Times. 15 March 2019. Retrieved 16 March 2019.
     • Hafiz Hassan (15 March 2019). "It is more than that just 'mind-boggling'". Malaysiakini. Retrieved 16 March 2019.
  24. ^ Nurbaiti Hamdan (12 March 2019). "AG Tommy Thomas stays mum on Siti Aisyah's release". The Star. Retrieved 14 March 2019.
     • Novi Christiastuti (13 March 2019). "Ditanya Soal Bebasnya Siti Aisyah, Ini Jawaban Jaksa Agung Malaysia" [Asked about the Sudden Release of Siti Aisyah, This is the Answer of the Malaysian Attorney General] (in Indonesian). DetikNews. Retrieved 14 March 2019.
     • Anh Ngoc (13 March 2019). "Vietnam asks Malaysia to free Vietnamese suspect in Kim Jong-nam murder case". VnExpress. Retrieved 14 March 2019.
     • Hannah Ellis-Petersen (14 March 2019). "Kim Jong-nam murder trial: prosecutors reject request to free Doan Thi Huong". The Guardian. Retrieved 14 March 2019.
  25. ^ Syed Umar Ariff (13 March 2019). "Liew: Power to drop charge rests with AG". New Straits Times. Retrieved 14 March 2019.
  26. ^ a b "Murder charge against Vietnamese Doan should also be dropped, says Ramkarpal". The Star. 14 March 2019. Retrieved 14 March 2019.
  27. ^ a b Novi Christiastuti (14 March 2019). "Politikus Malaysia: Sangat Mengherankan Jaksa Tolak Cabut Dakwaan Doan" [Malaysian Politician: Very Surprising the Prosecutor Refused to Revoke Doan Indictment] (in Indonesian). DetikNews. Retrieved 14 March 2019.
  28. ^ Sira Habibu (14 March 2019). "Wee questions 'executive' meddling of legal process". The Star. Retrieved 16 March 2019.
  29. ^ "AG's prerogative to drop charges against Siti Aisyah in Kim Jong-nam's murder case, says outgoing Malaysian Bar chief". The Star. 15 March 2019. Retrieved 16 March 2019.
  30. ^ Clarissa Chung (16 March 2019). "New M'sian Bar president: AG should explain why charges against Doan not dropped". The Star. Retrieved 18 March 2019.
  31. ^ Yudith Ho (17 March 2019). "Malaysian Bar Chief Asks for Explanation on Kim Murder Case". Bloomberg. Retrieved 18 March 2019. Attorney-General Tommy Thomas should explain the inconsistency, especially since the case has attracted global attention, the newly elected head of the Malaysian Bar Council, Abdul Fareed Abdul Gafoor, said in a statement. Thomas's office didn't answer a phone call seeking comment Sunday outside business hours.
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