PUTRAJAYA: Former attorney general Tan Sri Tommy Thomas has successfully recused the High Court judge who presided over a defamation suit filed against him by Umno veteran Tan Sri Shahrir Ab Samad.
A three-judge panel of the Court of Appeal, chaired by Justice Supang Lian, allowed Thomas's appeal to recuse Justice Roz Mawar Rozain from hearing the case in its future proceedings.
In the unanimous decision on Friday (July 4), read by Justice Faizah Jamaludin, the panel found that the findings of the High Court judge were not based on the book written by the appellant nor the pleadings filed by the respondent.
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The panel found that the statement made by the judge to support her decision in dismissing Thomas's striking out application of the main suit was based on an opinion that she formed, rather than on the merits of the case.
"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, even though the bias may be unintentional.
"We allow this appeal and set aside the decision of the High Court judge dated Jan 14 with the order that the learned High Court judge be recused from all future proceedings in the trial," Justice Faizah said.
Justice Ahmad Fairuz Zainol Abidin also sat on the panel.
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Thomas filed the recusal application on Aug 26 last year, claiming that Justice Roz Mawar had made numerous baseless findings and contradictory statements to the claims in the lawsuit and the evidence presented in court.
On Jan 14, Justice Roz Mawar dismissed Thomas's application to recuse her, saying that an unhealthy trend had emerged of litigants seeking to recuse judges from hearing their cases, which could erode public confidence in the judicial arm.
Thomas then filed an appeal at the appellate court.
The interlocutory application stemmed from Shahrir's lawsuit against Thomas over what Shahrir claimed was a malicious prosecution.
He was charged at the Sessions Court on Oct 21, 2020, with allegedly failing to declare a RM1mil cheque he received from former prime minister Datuk Seri Najib Razak to the Inland Revenue Board (LHDN) for restoration work on the Puri Langkasuka housing project in Larkin, Johor.
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On Jan 5, 2023, High Court judge Justice Muhammad Jamil Hussin acquitted the former Johor Baru MP of the charge.
In December the same year, Shahrir filed the lawsuit and named Thomas, former Malaysian Anti-Corruption Commission (MACC) chief commissioner Latheefa Koya, the MACC, and the government as defendants, for alleged malicious prosecution against him.
Thomas, who served as AG from June 4, 2018 to Feb 28, 2020, refuted Shahrir's allegations of abuse of power, describing them as "unsustainable".
He stated that the discretion to charge could only be exercised after the AG receives the investigation papers from agencies like the MACC.
Thomas said he resigned on Feb 28, 2020, and that Shahrir's criminal trial for the charges began on July 26, 2022.
