KUALA LUMPUR: The High Court here set Nov 6 to hear an application by former attorney general Tan Sri Tommy Thomas to recuse Judicial Commissioner (JC) Roz Mawar Rozain from presiding over the civil suit filed by Tan Sri Shahrir Ab Samad against him and three others for malicious prosecution.
Lawyer Syahrul Syazwan Salehin, representing Shahrir, said JC Roz Mawar set the date during the case proceedings conducted online today.
"The application will be heard physically at 8.30 am," said the lawyer when contacted.
The online proceeding was also joined by lawyer Alan Adrian Gomez, representing Thomas, and federal counsel Syafiq Affandy Hassan representing former Malaysian Anti-Corruption Commission (MACC) chief commissioner Latheefa Koya, MACC and the government, who were the other three defendants named in the suit.
Thomas filed the application last Aug 26, claiming that Roz Mawar had already decided the case against him when she made numerous unsubstantiated findings, contradicting the pleadings and evidence presented.
He claimed that Roz Mawar had pre-determined the outcome of Shahrir’s suit against him and that he would not get a fair trial if she were to hear the case.
On July 3, Roz Mawar dismissed Thomas' 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.
It was over an RM1mil cheque he received from former prime minister Datuk Seri Najib 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 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 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
