Ex-AG Tommy Thomas wins appeal to recuse trial judge

The Court of Appeal says it perceived a real danger of bias on the part of the trial judge, even if it might be unintentional.

Tommy Thomas, who was attorney-general from June 2018 to February 2020, denied any abuse of power and said prosecution decisions were made only after reviewing investigation papers from the relevant agencies. (Bernama pic)

PUTRAJAYA:

 The Court of Appeal has allowed former attorney-general (AG) Tommy Thomas’s appeal to recuse a High Court judge from hearing a malicious prosecution lawsuit filed by former minister Shahrir Samad.

Justice Faizah Jamaludin said a superior court bench would be in a better position to assess whether there was any bias on the part of the trial judge, Justice Roz Mawar Rozain, as they were not involved in the case.

“We perceive that there is a real danger of bias on the part of the trial judge, even if it might be unintentional.

“We order the judge to be recused from hearing the trial and all related proceedings,” said Faizah, who read the broad grounds of the unanimous decision.

Justices Supang Lian and Ahmad Fairuz Zainol Abidin were also on the panel.

The bench also ordered Shahrir to pay Thomas RM30,000 in costs.

Shahrir, a former Johor Bahru MP, filed the suit in December 2022, naming Thomas, former Malaysian Anti-Corruption Commission (MACC) chief Latheefa Koya, MACC, and the government as defendants.

The suit centres on a RM1 million cheque from former prime minister Najib Razak, said to be intended for housing project restoration in Larkin, Johor.

Thomas, who was attorney-general from June 2018 to February 2020, denies any abuse of power and says prosecution decisions were made only after reviewing investigation papers from the relevant agencies. - FMT

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