The government and the special task force formed to investigate the contents of a book by Tommy Thomas will file an application to strike out the former attorney-general's lawsuit over the probe on his memoir, "My Story: Justice In the Wilderness".
Thomas had filed an originating summons last month, naming Fong Joo Chung, the chairman of the task force, and eight others as defendants.
Besides Fong, the other defendants are task force members Hashim Paijan, Junaidah Kamaruddin, Jagjit Singh Bant Singh, Shaharudin Ali, K Balaguru, Farah Adura Hamidi, Mohd Najib Surip and the government of Malaysia.
When contacted, senior federal counsel Shamsul Bolhassan, representing the defendants, said the application would be filed before Dec 15.
"It will be filed on grounds that the plaintiff’s statement of claim disclosed no reasonable cause, was frivolous and is an abuse of the court process," he said.
Meanwhile, Thomas' lawyer, Lai Wei Shiung, said that during case management today, justice Wan Ahmad Farid Wan Salleh fixed Jan 12 for further case management proceedings.
Thomas, who was the attorney-general between June 2018 and February 2020, is seeking a declaration that the purported report "Laporan Pasukan Petugas Khas – Siasatan Ke Atas Dakwaan-Dakwaan Dalam Buku Bertajuk 'My Story: Justice in the Wilderness'", is an illegal document and a violation of the law.
He claims that the publication of the report violates Sections 499 and 500 of the Penal Code and/or Section 233 of the Communications and Multimedia Act 1998.
Thomas is also seeking a declaration that the publication of the report by the government violates his right to reputation, which is protected by Articles 5(1) and/or 13(1) of the Federal Constitution.
The Cabinet set up the task force after the memoir was published in January last year.
On Oct 13, the government declassified the task force’s report, which among others, recommended that Thomas be investigated for various possible offences.