Court grants Thomas' bid to disqualify Justice Roz Mawar
A three-judge panel of the Court of Appeal allowed Thomas' appeal to disqualify Justice Roz Mawar Rozain from hearing the case in its future proceedings.
In the unanimous decision, read out by Justice Faizah Jamaludin, the panel ruled that the findings of the High Court judge were neither based on the book written by Thomas nor the pleadings filed by Shahrir.
The panel chaired by Justice Supang Lian, found that the statement made by the judge when dismissing Thomas' striking out application of the main suit was based on an opinion that she formed rather than by 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 order that the learned High Court judge recuse herself from all future proceedings in the trial,' Justice Faizah said.
Justice Ahmad Fairuz Zainol Abidin is the third judge of the panel.
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, saying that an unhealthy trend had emerged of litigants seeking to disqualify judges from hearing their cases which is capable of eroding public confidence in the judicial arm of the state.
Thomas then filed an appeal at the appellate court.
The application stemmed from Shahrir's lawsuit against Thomas over what the former claimed was a malicious prosecution.
Shahrir was charged at the Sessions Court on Oct 21, 2020, for 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.
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.
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