Will Tommy Thomas be able to nail Najib?

The reason they are going for Rosmah is because they know Najib loves her too much to allow her to get arrested and sent to jail. So Najib might agree to ‘confess’ to all charges just to spare Rosmah, which is what any husband who loves his wife would do, especially if she is innocent of any crime. 

THE CORRIDORS OF POWER 

Raja Petra Kamarudin

You can read (below) what Tun Abdul Hamid Mohamad, the Sixth Chief Justice of Malaysia, wrote. In short, it is Attorney-General Tommy Thomas’s job to PERSONALLY make sure that ex-Prime Minister Najib Tun Razak goes to jail.

Pakatan Harapan said back in 2015 that the evidence against Najib is overwhelming. They said they have an air-tight case against Najib. They said Najib in 100% guilty. They said there is no way Najib can escape going to jail. They said Najib is going to be arrested on 10th May 2018 and will go straight to jail.

Today is already 26th June 2018 and Pakatan is 47 days past the deadline. Why is Najib still not in jail yet?

Pakatan Harapan had promised that Najib will be in jail by 10th May 2018, which is 47 days ago, so Tommy Thomas must make sure Najib goes to jail by hook or by crook

That is because they did not really have the hard evidence that Najib stole RM42 billion of 1MDB’s money like they claimed. They do not even have any evidence that Najib stole RM2.6 billion. And Najib put that RM2.6 billion-donation into his personal bank account because that was what the Bank Negara Governor advised him to do to avoid ‘complications’ with the RoS if the money went into Umno’s bank account.

So now they have to lower their sights and instead try to nail Najib on just RM42 million, the money that they allege came from SRC International. But then they have discovered that Najib was not involved in transferring the RM42 million into his bank account or transferring it out again to other bank accounts. Najib was not managing that bank account and had no control of money coming in to and out of that bank account.

I mean, you might own the car that the bank robbers used to rob the bank but you were not driving the car and neither did you authorise the bank robbers to use your car to rob the bank and you also did not mastermind the bank robbery or instruct the robbers to rob the bank. So, you cannot be charged for bank robbery.

So now they are going after Rosmah Mansor and the media is beginning to spin the story that Rosmah was the real brains behind ‘The Great 1MDB Robbery’. They are also starting to arrest a string of ‘aides’ to Najib and Rosmah to frighten them into confessing that they acted under Najib’s and Rosmah’s instructions to steal 1MDB’s money. They need to ‘break’ only one person and get him or her to turn ‘state’s witness’ to nail Najib and/or Rosmah.

They are now going for Rosmah in the hope Najib will volunteer to take the fall to spare Rosmah

The new Attorney-General, Tommy Thomas, is frantic. As Tun Hamid said (below), it is the A-G’s job to send Najib to jail. And he is finding it very difficult to deliver the promise that Pakatan Harapan made to Malaysians: which is Najib is going to be arrested and sent to jail on 10th May 2018, which was 47 days ago.

The reason they are going for Rosmah is because they know Najib loves her too much to allow her to get arrested and sent to jail. So Najib might agree to ‘confess’ to all charges just to spare Rosmah, which is what any husband who loves his wife would do, especially if she is innocent of any crime.

So, if they can get even just one aide to implicate Rosmah to a crime then they can go for her. Then Najib will come forward and volunteer to take the fall to spare Rosmah, even if he has to confess to fake charges. And, as they just announced today, Najib is going to be ‘rained’ with charges so he will be sent to jail for the rest of his life.

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Section 376 of the Criminal Procedure Code (CPC), inter alia, provides:

“376. (1) The Attorney General shall be the Public Prosecutor and shall have the control and direction of all criminal prosecutions and proceedings under this Code.”

So, when Tommy Thomas accepted the post of AG, like it or not, by law, he is also the PP. He cannot say “I only want to be AG but not PP.” He cannot say “I only want to advise the Government but I do not want to do prosecution”. He cannot pick and choose his briefs as if he is still in private practice. After all he receives the full pay as AG.

Power to institute, conduct or discontinue any proceedings for an offence is exercisable at his discretion. To make the decision, he has to study the investigation files to satisfy himself that the decision is correctly, fairly and properly made.

There are also provisions that require him to act personally, e.g. section 68 (c) and 376(3) of the CPC.

If he did not agree that by becoming an AG he will also be the PP, why did he accept the post?

For the benefit of politicians and the public who think that lawyers in private practice are great experts or even “kings” in all fields of law and that legal officers in the government service are “second class” lawyers, if not stupid, let me say that all lawyers in private practice had never seen a criminal investigation file, what more studying them in detail in order to make a decision to prosecute or otherwise and they have no experience in prosecution at all. Tommy Thomas is no exception.

Defending a criminal case is much easier as you can win a case merely on a mistake made by the prosecution which, even if you do not see it, the judge will see it, anyway. Even then, I wonder whether Tommy Thomas had ever acted as a defence counsel in a criminal trial.

Prosecution is the most difficult, laborious, time consuming and tiring of all legal works. Tommy Thomas has never experienced it. Is that the reason why he is shying away from it?

AGs from the Judicial and Legal Service like Tan Sri Ghani Patail, Tan Sri Mokhtar Abdullah and Tan Sri Abu Talib spent a lot of their time doing prosecution, all of them during the period when Tun Dr. Mahathir was Prime Minister while Tan Sri Ghani Patail continued to be AG until he was relieved of his job by Dato’ Seri Najib. Whenever there was a high profile case, they would lead the prosecution team. We expect Tommy Thomas to do the same.

Since he is not going to do prosecution, I believe he will leave it to his DPPs. Or, is he going to appoint members of the Bar, on a larger scale than what the BN Government did when it appointed Shafee Abdullah to represent the PP in Dato’ Sri Anwar Ibrahim’s second sodomy case, which the PH so strongly condemned? The Minister of Finance should be aware of this.

Tun Abdul Hamid Mohamad