PUTRAJAYA, July 4 — The Court of Appeal today allowed the appeal by former attorney-general (AG) Tan Sri Tommy Thomas to recuse a High Court judge from presiding over Tan Sri Shahrir Abdul Samad’s malicious prosecution suit against him.
A three-member bench comprising Justices Datuk Supang Lian, Datuk Faizah Jamaludin and Datuk Ahmad Fairuz Zainol Abidin set aside the High Court’s decision.
In January, the High Court judge, Roz Mawar Rozain, dismissed Thomas’s application to recuse her from hearing the case.
In today’s proceeding, Justice Faizah, who delivered the court’s unanimous decision, said there was a real danger of bias on the part of the High Court judge if she continues to hear the case, although it may be unintentional.
“The learned High Court judge is to be recused from hearing all future proceedings and the trial in the civil suit,” she said.
Justice Faizah said the High Court judge’s findings and observations during her ruling on Thomas’s striking-out application revealed her views on the merits of Shahril’s case against Thomas.
“As an informed and fair-minded bystander, given the facts and circumstances of the case, we perceive that these findings and observations do give rise to a risk of real danger of bias by the learned judge,” she said.
The court ordered a legal cost of RM30,000 to be awarded to Thomas for proceedings in the High Court and the Court of Appeal.
In July last year, Roz Mawar rejected Thomas’ application to strike out Shahrir’s lawsuit and ordered the case to go for a full hearing.
Shahrir had filed the suit against Thomas, former Malaysian Anti-Corruption Commission (MACC) chief commissioner Latheefa Koya, the MACC and the Malaysian Government.
The former Johor Bahru Member of Parliament’s lawsuit concerns a RM1 million cheque he received from former prime minister Datuk Seri Najib Tun Razak for restoration work on the Puri Langkasuka housing project in Larkin, Johor.
Thomas, who served as AG from June 2018 to February 2020, refuted Shahrir’s allegations of abuse of power, describing them as “unsustainable”.
Thomas further explained that he resigned on February 28, 2020, and that Shahrir’s criminal trial for the charges began on July 26, 2022.
On January 5, 2023, High Court Judge Datuk Muhammad Jamil Hussin acquitted Shahrir on the charge of failing to declare the RM1 million income received from Najib to the Inland Revenue Board. — Bernama