[UPDATED] Former A-G Thomas wins appeal to recuse High Court judge in Shahrir's suit

New Straits Times

10 hours ago

PUTRAJAYA: The Court of Appeal today allowed former attorney-general Tommy Thomas's appeal to reinstate his recusal application against Judge Roz Mawar Rozain from hearing Tan Sri Shahrir Samad's malicious prosecution suit against him.
A three-member bench led by Datuk Supang Lian made the decision on the grounds that a superior court would be better positioned to decide on the allegation of bias, as it was not involved in the trial proceedings.
The other members of the panel were appellate court judges Datuk Faizah Jamaludin and Datuk Ahmad Fairuz Zainol Abidin.
Faizah, when delivering the ruling, said the court agreed there was a real danger of bias if Judge Roz Mawar were to preside over the case, even if the bias was unintentional.
She said the court found that the High Court judge's findings were not based on the book authored by the appellant (Thomas) or on the pleadings (defence) filed by the respondent (Shahrir).
She said the court found that the judge's remarks were formed from her own personal opinion and not based on the merits, and that the judge's findings in the application to strike out the suit were unnecessary.
"As informed and fair-minded observers, based on the facts and circumstances of this case, we are of the view that the findings and observations raise a real risk of bias on the part of the judge.
"If this court finds that a real risk of bias exists, even if the lower court held otherwise, this appeal ought to be allowed.
"The judge in question should have recused herself from hearing any proceedings related to this case," she said.
The court also awarded RM30,000 in costs to Thomas.
Roz Mawar had dismissed Thomas's recusal application in January this year, ruling that it lacked merit.
This followed her decision in July 2024 to also reject Thomas' application to strike out Shahrir's suit.
She ruled that the former Johor Baru member of Parliament's claim did not amount to an abuse of court process and should be heard in full.
Shahrir filed the suit against Thomas, former Malaysian Anti-Corruption Commission (MACC) chief commissioner Latheefa Koya, the MACC and the government, citing malicious prosecution, malicious investigation, and wrongful arrest.
He alleged that Thomas had prematurely authorised his prosecution before the investigation was complete, particularly in relation to a charge for allegedly failing to declare RM1 million received from former prime minister Datuk Seri Najib Razak to the Inland Revenue Board.
Shahrir was fully acquitted in January 2023 after the prosecution withdrew the case.