KUALA LUMPUR: The High Court here today has dismissed former Attorney General (AG) Tan Sri Tommy Thomas' application to strike out a suit filed by Tan Sri Shahrir Ab Samad against him and three others for malicious prosecution.
Judicial Commissioner Roz Mawar Rozain, in rejecting the application, ruled that the case is set to go on trial for seven days from March 9-12 and April 27-29, 2026.
The court also set Sept 11 for case management.
The matter was confirmed by Shahrir's counsel Datuk Firoz Hussein Ahmad Jamaluddin when met by Bernama after proceedings in chambers.
The former Johor Baru MP filed the suit last December and named Thomas, former Malaysian Anti-Corruption Commission (MACC) chief Latheefa Koya, MACC and the government as defendants.
The suit was over a RM1mil cheque he received from former prime minister Datuk Seri Najib Tun Razak for the purpose of rehabilitation works for the Puri Langkasuka housing project in Larkin, Johor.
Thomas, who was the AG from June 4, 2018, to Feb 28, 2020, had in his affidavit in support denied Shahrir's claims against him in the statement of claim, which included misfeasance in public office, and describing it as "unsustainable."
According to Thomas, the discretion 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 on July 26, 2022, Shahrir's criminal trial for the charge commenced.
On Jan 5, 2023, the KL High Court freed Shahrir of a charge of failing to declare to the Inland Revenue Board (IRB) an income of RM1mil allegedly received from Najib.
The decision was ruled by Justice Datuk Muhammad Jamil Hussin after the prosecution told the court that it did not wish to continue with the case. – Bernama
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