Tommy Thomas seeks to recuse judge in Shahrir Samad's lawsuit

KUALA LUMPUR: Former Attorney-General (AG) Tan Sri Tommy Thomas has filed an application for Judicial Commissioner Roz Mawar Rozain to recuse herself from presiding over the civil suit filed by Tan Sri Shahrir Ab Samad against him and three others for malicious prosecution.

In an application filed through Messrs Tommy Thomas on Aug 26, he claimed Roz Mawar had already decided the case against him when she made numerous unsubstantiated findings, contradicting the pleadings and evidence presented.

"Nowhere in the passages in my Book, titled "My Story - Justice in the Wilderness" cited and produced by the plaintiff (Shahrir) before the court, or in the entirety of my book I write that I had a role in toppling the Barisan Nasional government and I pressured the Malaysian Anti-Corruption Commission (MACC) to investigate the plaintiff’s role in Felda and Felcra for purported wrongdoings.

"In fact, the plaintiff is not even mentioned once, or his prosecution discussed, in my book.

"Based on her written grounds, I believe, with respect, that JC Roz Mawar has predetermined the plaintiff’s suit against me, and I will not get a fair trial before her, which I am constitutionally entitled to as a fundamental right," stated Thomas in his supporting affidavit.

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

The former Johor Bahru member of parliament filed the suit in December 2023 and named Thomas, former MACC chief Latheefa Koya, MACC, and the government as defendants.

The suit was over an RM1mil cheque he received from former prime minister Datuk Seri Najib Tun Razak for rehabilitation works for the Puri Langkasuka housing project in Larkin, Johor.

Thomas, who was the AG from June 4, 2018, to Feb 28, 2020, had in his affidavit in support 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 Datuk Muhammad Jamil Hussin freed Shahrir of the charge of failing to declare to the Inland Revenue Board an income of RM1mil allegedly received from Najib, after the prosecution informed the court that it would not pursue the case. - Bernama