AG: Even Chin Peng entitled to legal representation

Attorney-General Tommy Thomas has not taken kindly to Umno secretary-general Annuar Musa's insinuation that he had a role in the action of a group that brought back former communist leader Chin Peng's cremated remains into Malaysia.

This was over Thomas acting as a lawyer for Chin Peng 11 years ago before he became the attorney-general.

"I acted for the late Chin Peng in 2008. I was counsel along with Raja Aziz Addruse and Chin Peng also had a solicitor on record.

"Even Chin Peng is allowed to hire lawyers in Malaysia for legal proceedings here. Both Raja Aziz, myself and his solicitor met Chin Peng in Bangkok to discuss his case and to take instructions.

"There was a dispute about the Hat Yai Accord," he told Malaysiakini in reference to the peace agreement that led to communist insurgents laying down their arms in exchange for the right of return. Chin Peng was never allowed to return despite the agreement.

In the tail end of the communist insurgent, most of its party members were in hiding in southern Thailand near the Malaysian border.

Yesterday, Annuar (photo) questioned if Thomas had used his position to advance the interest of his former client.

Thomas pointed out that it was Annuar's own party, which led the BN coalition, that entered into negotiations with Chin Peng and the Communist Party of Malaya (CPM) in 1989.

"It was initiated by the BN and Umno government under Dr Mahathir Mohamad previous premiership, led by former inspector-general of police Abdul Rahim Noor who was then the Special Branch chief, and the treaty was signed in 1989. 

"If Chin Peng was considered such an evil man, why did the Malaysian government negotiate with him and signed an agreement with the CPM.

"The government honoured the agreement and allowed former CPM leaders, such as Rashid Maidin and Abdullah CD, to return to Malaysia but not Chin Peng.

"So what is wrong with Chin Peng, taking the matter to court and hiring Malaysian lawyers to represent him?" he said.

Thomas added that he had also written an obituary for Chin Peng when he died in 2013 and this is public knowledge.

The attorney-general said he had represented hundreds of people when he was in private practice, and questioned if he should be held responsible for their actions.

"I also acted for PAS before. Does this mean I am responsible for PAS' actions?

"Is Annuar suggesting that I have used my current position as the attorney-general to facilitate the bringing back of Chin Peng's ashes?

"Let me remind him that such remarks can be construed as defamatory," he said.

Thomas also pointed out what he described as hypocrisy in Annuar's position.

"Just look at the hypocrisy - Annuar was a member of the former Umno-BN government whose biggest trading partner was communist China.

"The majority of tourists who come to Malaysia are also from communist China," he said.

Chin Peng (photo), whose real name is Ong Boon Hua, had led an insurgency as the secretary-general of the Communist Party of Malaya until it was disbanded following the 1989 Peace Agreement of Hat Yai.

He was born in Sitiawan, Perak, in 1924, and died in exile in Bangkok on Sept 16, 2013.

On Tuesday, Chai Kan Fook, who was with Chin Peng during the communist insurgency, announced that his group had brought back his cremains from Thailand on Sept 16 this year, and had scattered them on the same day. 

He had said the cremains were scattered in the jungles of the Titiwangsa mountain range, and in the sea near Lumut.

The Home Ministry is also investigating whether the cremains had been smuggled in, without the proper clearance. 

Bukit Aman Criminal Investigation Department (CID) director Huzir Mohamed said yesterday the police are also investigating Chai's group under Section 504 and 505(b) of the Penal Code, as well as Section 233 of the Multimedia and Communications Act.

Section 504 and 505(b) deal with insults intended to provoke a breach of peace and statements likely to cause public fear, while Section 233 of the Multimedia and Communications Act deals with improper use of network facilities. - Mkini