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How Tommy Thomas Caused Malaysia To Suffer A Loss Of RM67 Billion To Sulu Heirs

And that is going to be Tommy Thomas’ real legacy: how he ignored a case against Malaysia and caused Malaysia to suffer a loss of RM67 billion all due to his arrogant and pompous attitude.

The descendants of the late Sultan of Sulu have won a RM67 billion judgement against Malaysia, compounded another 10% interest for every year that Malaysia fails to pay the claim. They have also seized two Luxembourg subsidiaries of Petronas valued at more than RM9 billion

This is Tommy Thomas’ mother of a fook-up, and this RM67 billion loss that Malaysia is going to suffer is far bigger than the 1MDB losses.

This case actually came up during Tommy Thomas’ tenure as Attorney-General (AG). However, being the arrogant and pompous person that he is, he ignored it — tak layan. The truth is, he tak layan the suit because he is ignorant of arbitration and criminal laws. And that is precisely the reason why he fooked up the case against Najib Tun Razak as well — and now there is a very strong possibly they are going to lose their case against Najib.

Tommy Tomas should be disbarred and sued for negligence. In any other civilised country, the case against Najib should have been dropped due to Tommy Thomas’ mother of blunders. And added to RM67 billion blunder, it is proven that Tommy Thomas is no better than a village bumpkin.

Tommy Thomas is trying to cover his sorry behind by blaming the fiasco on ‘the incompetence of the Malay AGC officers and on the Malay DPP’. Hence, the problem is, kononnya, because the Malay officers are handling this matter, the whole thing became a mess. In the UK, Tommy Thomas would be arrested for a racist statement.

In his memoirs, Tommy Thomas talks about all the great and marvellous things that happened under his watch. And he is claiming credit for, kononnya, bringing reforms to the AGC. The truth of the matter is, Tommy Thomas should be charged for dereliction of duty.

The arbitration proceedings were launched, plus its award is being enforced, under the New York Convention, to which Malaysia is a party. Tommy Thomas made a grave mistake of not participating in the original arbitration, thereby giving the descendants of the late Sultan of Sulu a ‘walkover’ win.

An arbitration clause is sui generis, meaning it stands on its own. That means one can challenge the validity of the arbitration proceedings started under an arbitration clause without admitting the propriety of the proceedings (unlike in the courts, under private international law).

Tommy Thomas should have appeared in the original proceedings and should have challenged the arbitrator’s power and jurisdiction. However, he did not.

Malaysia could have litigated just this aspect till kingdom come, and no one would have been able to execute it. Tommy Thomas is so incompetent that he did not understand this basic 101 of arbitration law.

The New York Convention is only applicable to commercial agreements. And the RM67 billion claim against Malaysia is not a commercial case but regarding sovereignty and nationhood.

But Malaysia failed to challenge the claim. Tommy Thomas totally ignored it without considering the effects of his omissions. And now Malaysia has been placed on the defensive.

Malaysia now needs to try to set aside the seizure of the Petronas subsidiaries. However, the fact that the descendants of the late Sultan of Sulu have won a RM67 billion judgement against Malaysia, although by default, it is not that cut and dry any more.

And that is going to be Tommy Thomas’ real legacy: how he ignored a case against Malaysia and caused Malaysia to suffer a loss of RM67 billion, all due to his arrogant and pompous attitude.

Tommy Thomas should have appeared in the original proceedings and should have challenged the arbitrator’s power and jurisdiction. However, he did not.

Malaysia could have litigated just this aspect till kingdom come, and no one would have been able to execute it. Tommy Thomas is so incompetent that he did not understand this basic 101 of arbitration law.

The New York Convention is only applicable to commercial agreements. And the RM67 billion claim against Malaysia is not a commercial case but regarding sovereignty and nationhood.

But Malaysia failed to challenge the claim. Tommy Thomas totally ignored it without considering the effects of his omissions. And now Malaysia has been placed on the defensive.

Malaysia now needs to try to set aside the seizure of the Petronas subsidiaries. However, the fact that the descendants of the late Sultan of Sulu have won a RM67 billion judgement against Malaysia, although by default, it is not that cut and dry any more.

And that is going to be Tommy Thomas’ real legacy: how he ignored a case against Malaysia and caused Malaysia to suffer a loss of RM67 billion, all due to his arrogant and pompous attitude.

Source : Malaysia Today

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