Wednesday, December 8, 2021

JC Fong inquiry into Tommy Thomas judicial abuse claims must review Vincent Tan and VK Lingam decisions -Inquiry likely to add to stench surrounding the decisions which can only be addressed by excision of the decisions from Malaysian Caselaw

by Ganesh Sahathevan 

The Malaysian Government will soon be confronted with the findings of another inquiry into Malaysia's judiciary. This inquiry, the Fong Inquiry (see story below) has been initiated by information contained in a book published by the former Attorney General, Tommy Thomas.



Thomas has had first hand experience of the consequences of the issues he has raised, given his legal entanglements with businessman Vincent Tan, former lawyer VK Lingam, and a judicial system that was at the relevant time described as "rotten" by an appeal judge.


It would therefore be impossible for the Fong Inquiry to ignore the VK Lingam and Vincent Tan cases alluded to in the previous inquiry, the Royal Commission into the VK Lingam video.


Consequently, the coming inquiry will more likely than not add to the stench that surrounds those decisions. That problem can only be addressed, as suggested previously on this blog, by excision of the decisions from Malaysian Caselaw.

TO BE READ WITH 

JC Fong to head task force on Tommy Thomas’ judicial abuse claim
POSTED ON DECEMBER 8, 2021, WEDNESDAY AT SARAWAK


Dato Sri JC Fong

KUCHING (Dec 8): Sarawak state legal advisor Dato Sri JC Fong will head the Federal government’s task force to probe allegations of judicial abuse and interference made by former attorney-general Tan Sri Tommy Thomas in his autobiography, a news report said.

Fong, who is a former state attorney-general, will deliver the task force’s findings and recommendations within six month of his appointment, MalaysiaKini reported today.

The report also said the task force will investigate Thomas’ claims of abuse of power in the appointment of judges, excessive executive interference in the judiciary, selective and political prosecution and breach in the oath of secrecy.

The allegations were laid out in Thomas’ book, “My Story: Justice in the Wilderness”.

Other members of the task force include former Sabah government chief secretary Datuk Hashim Paijan, former legal affairs division director Datuk Junaidah Kamarudin, former judge Datuk Jagjit Singh Bant Singh and lawyers Datuk Shaharudin Ali and K Balaguru.

Prime Minister Datuk Seri Ismail Sabri Yaakob had announced the setting up of the task on Oct 21.

Thomas was appointed as attorney-general by former prime minister Tun Dr Mahathir Mohamad on June 4, 2018, for a two-year term.

However, following the fall of the Pakatan Harapan government, Thomas resigned on Feb 28 last year, some four months before his contract expired.

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