Nov 6 hearing for Thomas' application to recuse judge

The Kuala Lumpur High Court today set Nov 6 to hear an application by former attorney-general (AG) Tommy Thomas to recuse the judge in a malicious prosecution case against him.

The application to recuse judicial commissioner Roz Mawar Rozain from presiding over the civil suit by former Umno minister Shahrir Ab Samad was filed on Aug 26.

Lawyer Syahrul Syazwan Salehin, representing Shahrir, said Roz Mawar set the date during online proceedings of the case today.

“The application will be heard physically at 8.30am,” he said when contacted.

The online proceeding was also joined by lawyer Alan Adrian Gomez, representing Thomas, and federal counsel Syafiq Affandy Hassan representing former MACC chief commissioner Latheefa Koya, MACC, and the government, who were the other three defendants named in the suit.

In his application, Thomas claimed Roz Mawar had already decided the case against him when she made numerous unsubstantiated findings, contradicting the pleadings and evidence presented.

He claimed Roz Mawar had pre-determined the outcome of Shahrir’s suit against him and that he would not get a fair trial if she was to hear the case.

On July 3, Roz Mawar dismissed Thomas’ application to strike out the suit and the case was set to go to trial for seven days from March 9 to 12 and April 27 to 29, 2026.

The former Johor Bahru MP filed the suit in December 2023.

It was over an RM1 million cheque he received from former prime minister Najib Abdul Razak for rehabilitation works at the Puri Langkasuka housing project in Larkin, Johor.

Thomas, who was the AG from June 4, 2018, to Feb 28, 2020, had in his supporting affidavit denied Shahrir’s claims against him, which included misfeasance in public office, describing it as “unsustainable”.

According to Thomas, the discretion to charge only becomes exercisable after the public prosecutor is presented with the investigation papers submitted by investigating agencies such as the MACC.

Thomas said he resigned on Feb 28, 2020, and Shahrir’s criminal trial for the charge commenced on July 26, 2022.

On Jan 5, 2023, High Court judge Muhammad Jamil Hussin freed Shahrir of the charge of failing to declare to the Inland Revenue Board (IRB) an income of RM1 million allegedly received from Najib, after the prosecution informed the court that it would not pursue the case.

- Bernama

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