Court Of Appeal Defers Decision On Ex Ag S Judge Recusal Bid

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The Putrajaya Court of Appeal has deferred the decision on former attorney-general Tommy Thomas' application to recuse the High Court judge in the lawsuit filed against him by former Felda chairperson Shahrir Samad.
ADSThe deferment was made after a three-judge panel chaired by Supang Lian heard submissions from both parties in an online session today.
According to The Star, Thomas' lawyer Alan Gomez argued that the application for Roz Mawar Rozain to be recused was not based on personal grounds but to ensure a fair trial.
He said Roz, having rejected Thomas' (above) bid to strike out Shahrir's claim last year, might have formed a premature opinion even prior to the start of the trial.
He further contended that Roz had made conclusions in the pre-trial phase that were not substantiated by evidence and should thus recuse herself.
On the other hand, Shahrir's counsel Firoz Hussein Ahmad Jamaluddin countered by saying that Roz's statements were inferential in nature and did not constitute factual determinations on the merits of the case.
The court fixed June 12 for case management to set a decision date.
Shahrir’s suit
Thomas submitted the recusal application on Aug 26 last year, asserting that Roz had made several unfounded conclusions and issued statements that conflicted with both the claims outlined in the suit and the evidence brought before the court.
However, in opposing the application, Shahrir contended that a judge should not step down solely because a party disagrees with her legal reasoning.
On Jan 14, the Kuala Lumpur High Court dismissed Thomas’ application to recuse Roz from the defamation suit brought by Shahrir and three others against him.
Shahrir filed the suit against Thomas, former MACC chief commissioner Latheefa Koya, MACC, and the government on Dec 4, 2023, for alleged malicious prosecution.
Former Felda chairperson Shahrir SamadHe is also suing the quartet for malicious investigation and wrongful arrest.
This is over the money-laundering case involving RM1 million received from former prime minister Najib Abdul Razak, of which he was acquitted on Jan 5.
The full acquittal came on the heels of testimony from a prosecution witness, MACC investigating officer Nurzahidah Yacop, that Thomas in 2020 gave the green light for Shahrir to be charged in court despite an incomplete investigation paper. - Mkini

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