KUALA LUMPUR: The hearing of former attorney general Tan Sri Tommy Thomas' application to recuse Judicial Commissioner Roz Mawar Rozain from the civil suit filed by Tan Sri Shahrir Ab Samad against him and three others for malicious prosecution has been postponed to December 9.
Lawyer Mervyn Lai Wei Shiung, representing Thomas, said that the hearing, initially scheduled for Wednesday (Nov 6), was postponed to allow Shahrir to file an affidavit in response to the supplemental affidavit submitted by Thomas last Friday (Nov 1).
He informed reporters of this development after the proceedings before JC Roz Mawar, which were also attended by lawyer Datuk Firoz Hussein Ahmad Jamaluddin, representing Shahrir.
Thomas filed the application on Aug 26, arguing that Roz Mawar had prejudged the case against him by making numerous unsubstantiated findings that contradicted the pleadings and evidence presented.
He contended that Roz Mawar had predetermined the outcome of Shahrir’s suit against him and that he would not receive a fair trial should she preside over the case.
On July 3, Roz Mawar dismissed Thomas' application to strike out the suit, and the case is set for a seven-day trial from March 9 to 12 and April 27 to 29, 2026.
The former Johor Baru MP filed the suit in December 2023, concerning 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 served as attorney general from June 4, 2018, to Feb 28, 2020, denied Shahrir's allegations against him, including misfeasance in public office, describing them as "unsustainable" in his supporting affidavit.
According to Thomas, the discretion to charge is exercised only after the public prosecutor receives the investigation papers submitted by investigating agencies like the MACC.
Thomas stated he resigned on Feb 28, 2020, and Shahrir's criminal trial commenced on July 26, 2022.
On Jan 5, 2023, High Court Judge Muhammad Jamil Hussin acquitted Shahrir of the charge of failing to declare an income of RM1mil allegedly received from Najib to the Inland Revenue Board, after the prosecution decided not to pursue the case. – Bernama
