Tommy Thomas hinged the prosecution’s case on the DoJ and Sarawak Report

Last Wednesday, Dato’ Seri Najib Tun Razak was produced at the Kuala Lumpur Sessions court to face four corruption charges preferred against him by the MACC.

The charges related to the RM2.6 billion that ended in his personal Ambank account that the (then) Governor of Bank Negara, Tan Sri Zeti Akhtar Aziz, knew about.

Almost as soon as Najib’s lead counsel, Tan Sri Muhammad Shafee Abdullah, applied for a media gag order to be placed, Tommy objected by saying that the whole world knew about Najib’s involvement in the 1MDB scandal.

The fact that Tommy latched his arguments on a United States (US) Department of Justice (DoJ) report and online editorials published via Sarawak Report (SR) goes a long way to show that the prosecution has no legitimate case against Najib.

THE THIRD FORCE

Last Wednesday, Dato’ Seri Najib Tun Razak was produced at the Kuala Lumpur Sessions court to face four corruption charges preferred against him by the MACC. The charges related to the RM2.6 billion that ended in his personal Ambank account that the (then) Governor of Bank Negara, Tan Sri Zeti Akhtar Aziz, knew about. Zeti knew the money was a gift from the Government of Saudi Arabia that Najib was authorised to use at his discretion.

The Wednesday session was meant for the court to read out charges the MACC had preferred against Najib. The session was also meant for the former premier to enter his pleas and for the court to fix bail. But what transpired that day was anything but ordinary and immediately brought to question Tommy Thomas’ eligibility and facility to lead the prosecution.

Almost as soon as Najib’s lead counsel, Tan Sri Muhammad Shafee Abdullah, applied for a media gag order to be placed on the case, Tommy objected by saying that the whole world knew about Najib’s involvement in the 1MDB scandal. The AG cited a United States (US) Department of Justice (DoJ) report and online editorials published via Sarawak Report (SR) as basis to his contention and added that the scandal had brought great shame to the country. What this means, is that Tommy had already begun the trial despite the Wednesday session being anything but one.

Not only did his remarks amount to a gross infringement of justice, they threatened to subvert the Wednesday court and corrupt Najib’s trial. Tommy’s actions prompted Shafee to retort in protest by warning him to “stop this nonsense!” Shafee pointed out that the trial had yet to begin and asked that the judge consider going ahead with the gag order. Not only did the judge agree, his decision to ban media from discussing the case amounted to a court ruling against Tommy’s insinuation that media reports could be used as basis to imply Najib’s guilt.

The fact that Tommy adjudged Najib guilty during a case mention reeks of prejudice and brings to question his true motives. The fact that he latched his arguments squarely on a DoJ report and online editorials published via SR goes a long way to show that the prosecution has no legitimate case against Najib. Tommy inadvertently let slip to the judge that the MACC does not possess the evidence required to charge the former premier in court.

None of these qualify as material evidence.

As a matter of fact, the Federal Bureau of Investigation (FBI) had yet to commence investigations or even communicate with 1MDB at the time the DoJ report was released. The report was put together pursuant to a controversial loophole in American law that allows anyone to file forfeiture complaints hinged solely on conjecture. Tommy demonstrated sheer incompetence in matters of jurisprudence when he based his contention on the DoJ and SR.

Day by day, it’s getting clearer and clearer that a conspiracy exists between him and the head of the MACC, Dato’ Seri Mohd Shukri Abdull, to criminalise both Najib and members of his family. The fact that the MACC had no evidence against the former premier but preferred charges against him reeks of desperation and condescension. The fact that Tommy acted with prejudice when pressing these charges against Najib reeks of conspiracy and a concerted attempt by agencies in Malaysia to destroy Najib by hook or by crook.

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