## [Straight Talk] Tommy Thomas: Setting the record straight
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Tommy Thomas, the former Attorney General of Malaysia, discusses his controversial tenure and the ongoing legal cases involving high-profile figures like former Prime Minister Najib Razak and Deputy Prime Minister Zahid Hamidi. He expresses confusion over the silence of some political figures who previously supported his efforts in tackling corruption. Despite facing investigations and lawsuits since resigning in 2020, he suggests that many Malaysians still view him as a hero for acting without political bias during his time in office. Thomas attributes his controversial status partly to his minority background and lack of political allies, which makes him a target for criticism, while also noting that he has refrained from engaging with the media to allow his successors to speak on these matters.
He reflects on how, during his 22 months as Attorney General, he initiated a new culture of transparency within the Attorney General's Chambers (AGC) by issuing numerous press statements. However, he believes his successors did not maintain this practice, leading to an imbalance in public discourse where defense attorneys dominate the narrative. Thomas responds to accusations of negligence regarding the iPIC case, asserting that he operated based on strong legal advice from his special prosecutor, Sri Ram. He explains that decisions were made collaboratively, and he was satisfied with the basis on which charges were brought against Najib and others, which related to serious allegations of criminal breach of trust.
He challenges claims that there wasn't sufficient evidence to support these charges, emphasizing the decentralized decision-making culture within the AGC where significant decisions are often made at lower levels, without necessarily involving him directly after the decision-making process. He has not seen a leaked memo suggesting deficiencies in the evidence against Najib, asserting that the head of his prosecution team would not have raised such concerns at that stage. Thomas further clarifies that if any doubts had been present, they would have been handled internally, and he dismisses ongoing claims of political motivations behind the charges, attributing them instead to the rigorous legal processes in place.
As discussions evolve, he addresses the significance of the Official Secrets Act in the context of prosecutorial decisions, indicating the complexities surrounding document classification and declassification matters that impact legal proceedings.
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the Attorney General's office, Thomas reflects on the complexities of declassifying government documents essential for prosecutions, particularly in cases involving corruption. He highlights that while certain documents are automatically classified, the AGC retains the power to request their declassification when necessary to strengthen a case. He notes that in previous high-profile prosecutions, such as the case against Harun Idris in the 1970s, declassification occurred as part of the legal process. Thomas expresses frustration over the lack of declassification in the recent cases, suggesting that bureaucratic failures or perhaps more sinister motives might be at play, echoing columnist Nades' insinuation that incompetency or conspiracy could be responsible for the dropping of charges.
Continuing with the discussion, he addresses the withdrawal of charges against Zahid Hamidi, expressing disbelief over the dramatic shift after a lengthy trial process involving numerous witnesses. He refutes claims that there was no substantive case, pointing out that the prosecution had indeed made significant progress before Raja Rosila, a key Deputy Public Prosecutor, was abruptly replaced. Thomas stresses that accusations of political motivation behind the charges are misleading, as he maintains that his prosecution team acted on the evidence presented, aiming for justice rather than yielding to political pressures.
He also touches on the ongoing 1MDB trial, clarifying that the prosecution had a strong case built upon ample evidence and documentation. Thomas acknowledges Najib Razak's claims of being denied a fair defense but argues that the presence of substantial documentary evidence indicates that the defense's position was inherently weak. He responds to concerns about the Bang Negara governor's involvement in the 1MDB scandal, emphasizing that the decisions made at the central bank were governed by broader regulatory frameworks and questions of oversight rather than direct accountability.
As the conversation progresses, he reflects on the dynamics within the current government structure and the apparent shift away from the reform agenda that characterized the earlier Pakatan Harapan administration. Thomas expresses disappointment at the silence of former colleagues and allies who once championed anti-corruption efforts, feeling that the momentum for reform has stalled under the current leadership. He cites troubling legislative proposals that undermine the progress achieved during his tenure, suggesting that the new administration lacks commitment to transparency and accountability.
The dialogue wraps up with Thomas contemplating his legacy, revealing a blend of pride in his accomplishments against corruption but also a sense of regret over the gradual erosion of those gains in the current political climate. He emphasizes the ongoing responsibility to advocate for reform and accountability in Malaysia, urging that the public deserves clarity and transparency from their government, especially in corruption-related matters.
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Thomas emphasizes that he has no regrets about his tenure as Attorney General, despite the unexpected fall of the government after 22 months. He reflects on the political dynamics surrounding Dr. Mahathir Mohamad's resignation, acknowledging that a leadership transition was part of a pre-agreed plan between Mahathir and Anwar Ibrahim. While he refrains from delving deeply into political speculation, he recognizes the frustrating nature of starting significant cases only to see them disrupted by sudden governmental changes.
He reminisces about being offered the AG position by Mahathir, who assured him it would be a two-year contract but hinted at the likelihood of an extension. Thomas expresses a desire to see through the various high-profile cases that began during his term, mentioning challenges like the disappearance of key players, including Goldman Sachs, which complicates legal efforts and stifles progress in prosecutions.
Thomas further elaborates on the nature of law, highlighting its subjective aspects and the gray areas that legal practitioners must navigate. He believes that every lawyer would approach cases differently based on individual interpretations and strategies, recognizing that the law is not always clear-cut and often requires an artistic touch. The discussion closes with mutual appreciation for the conversation, highlighting the importance of dialogue surrounding legal reforms and accountability.
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