Tommy Thomas fails to strike out malicious prosecution lawsuit

High Court orders lawsuit brought by Shahrir Samad to go to trial, starting in March 2026.

(FMT) – The High Court here today dismissed former attorney-general Tommy Thomas’s application to strike out a malicious prosecution suit brought by Shahrir Samad.

In throwing out Thomas’s application, judicial commissioner Roz Mawar Rozain said the case would go on full trial for seven days from March 9-12 and April 27-29, 2026.

The court also set Sept 11, 2024, for case management.

Shahrir’s counsel Firoz Hussein Ahmad Jamaluddin confirmed the dates after the proceedings in chambers.

The former Johor Bahru MP filed the suit last December and named Thomas, former Malaysian Anti-Corruption Commission (MACC) chief commissioner Latheefa Koya, the MACC and the government as defendants.

The dispute arose over a RM1 million cheque he received from former prime minister Najib Razak for rehabilitation of the Puri Langkasuka housing project in Larkin, Johor.

Thomas, who was attorney-general from June 4, 2018, to Feb 28, 2020, in his affidavit denied allegations made in Shahrir’s statement of claim, which included misfeasance in public office.

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 that Shahrir’s criminal trial for the charge only commenced on July 26, 2022.

On Jan 5, 2023, the High Court in Kuala Lumpur dismissed a charge against Shahrir of failing to declare the RM1 million to the Inland Revenue Board, after the prosecution dropped the case.