Ex-AG Tommy Thomas wins appeal to recuse trial judge
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.
Faizah today said that the trial judge had predetermined the weight of the evidence before the trial of the civil suit by Shahrir began.
She said the trial judge had summarised the contents of Thomas's memoir, 'My Story: Justice in the Wilderness', in her own words rather than reproducing Shahrir's pleadings.
Faizah also said it was not true that Thomas had lobbied for the AG's post and that of the public prosecutor.
Similarly, Roz Mawar's remark that Thomas had played a part in toppling the Barisan Nasional (BN) government prior to being named as AG in June 2018 was false, she said.
She said Thomas's lawyer, Alan Adrian Gomez, had submitted that BN was only voted out in the 14th general election.
Faizah also said that Thomas never suggested in his memoir that he had pressured MACC to investigate Shahrir.
'He only urged for a speedier and thorough investigation into Felda, Felcra and Mara by MACC,' she said.
Faizah said the claim of malicious prosecution was not written in the memoir but only pleaded by Shahrir.
Gomez, who appeared with Mervyn Lai and Haikaldin Mahyidin, told reporters that parties would appear before the trial judge on Aug 11.
Lawyer Firoz Hussein Ahmad Jamaludin said he would take instructions from Shahrir on whether to file an appeal in the Federal Court.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Free Malaysia Today
2 hours ago
- Free Malaysia Today
Body with gunshot wounds left at hospital amid robbery probe
CCTV footage showed two persons arriving in a dark-coloured car and leaving the body at Sultanah Aminah Hospital. PETALING JAYA : Police are investigating the discovery of a man's body left at Sultanah Aminah Hospital in Johor Bahru, believed to be linked to an attempted robbery at a petrol station in Gelang Patah. Johor police chief M Kumar said the body, found with multiple gunshot wounds to the torso, was dropped off at the hospital early yesterday morning without any identity documents. CCTV footage showed two persons arriving in a dark-coloured car and leaving the body at the hospital. Police are working to identify them. Fingerprint checks identified the victim as a 42-year-old man from Sungai Petani, Kedah, with four prior criminal offences. A post-mortem confirmed he died from multiple gunshot wounds to the chest and abdomen. Preliminary investigations revealed that around 12.10am, a group armed with parangs attacked another group, one of whom had a pistol, at a petrol station in Gelang Patah. The altercation led to shots being fired. Police later arrested two local men and a foreign national, aged between 30 and 40, in Dang Wangi, Kuala Lumpur, at about 7pm yesterday. A Glock 19 pistol, a firearm licence book, bullets, a magazine with six 9mm rounds, a car and spent bullet casings were seized. One suspect is a personal bodyguard, though police are verifying the legality of the firearm involved. All three suspects have been remanded until July 10. Kumar said police are working to determine their connection to the dead man.
Free Malaysia Today
5 hours ago
- Free Malaysia Today
US to restrict AI chip shipments to Malaysia, Thailand
The US has effectively banned sales of Nvidia's advanced AI processors to China. (EPA Images pic) WASHINGTON : President Donald Trump's administration plans to restrict shipments of AI chips from the likes of Nvidia Corp to Malaysia and Thailand, part of an effort to crack down on suspected semiconductor smuggling into China. A draft rule from the commerce department seeks to prevent China – to which the US has effectively banned sales of Nvidia's advanced AI processors – from obtaining those components through intermediaries in the two Southeast Asian nations, according to people familiar with the matter. The rule is not yet finalised and could still change, said the people, who requested anonymity to discuss private conversations. Officials plan to pair the Malaysia and Thailand controls with a formal rescission of global curbs from the so-called AI diffusion rule, the people said. That framework from the end of president Joe Biden's term drew objections from US allies and tech companies, including Nvidia. Washington would maintain semiconductor restrictions targeting China – imposed in 2022 and ramped up several times since – as well as more than 40 other countries covered by a 2023 measure, which Biden officials designed to address smuggling concerns and increase visibility into key markets. All told, the regulation would mark the first formal step in Trump's promised overhaul of his predecessor's AI diffusion approach – after the commerce department said in May that it would supplant that Biden rule with its own 'bold, inclusive strategy'. But the draft measure is far from a comprehensive replacement, the people said. It doesn't answer, for example, questions about security conditions for the use of US chips in overseas data centres – a debate with particularly high stakes for the Middle East. It's unclear whether Trump officials may ultimately regulate AI chip shipments to a wider swath of countries, beyond the Malaysia and Thailand additions. The commerce department didn't respond to a request for comment. The agency has offered few specifics about its regulatory vision beyond what secretary Howard Lutnick told lawmakers last month: The US will 'allow our allies to buy AI chips, provided they're run by an approved American data centre operator, and the cloud that touches that data centre is an approved American operator', he said during congressional testimony. Nvidia, the dominant maker of AI chips, declined to comment, while spokesmen for the Thai and Malaysian governments didn't respond. Nvidia chief executive officer Jensen Huang had previously said there's 'no evidence' of AI chip diversion, in general remarks that didn't touch on any particular country. In response to earlier Bloomberg queries about curbs focused on smuggling risks, Thailand said it's awaiting details, while Malaysia's ministry of investment, trade and industry said clear and consistent policies are essential for the tech sector. Washington officials for years have debated which countries should be able to import American AI chips – and under what conditions. On one hand, the world wants Nvidia hardware, and US policymakers want the world to build AI systems using American technology – before China can offer a compelling alternative. On the other, once those semiconductors leave American and allied shores, US officials worry the chips could somehow make their way to China, or that Chinese AI companies could benefit from remote access to data centres outside the Asian country. Southeast Asia is a key focus. Companies including Oracle Corp are investing aggressively in data centres in Malaysia, and trade data shows that chip shipments there have surged in recent months. Under pressure from Washington, Malaysian officials have pledged to closely scrutinise those imports, but the commerce department's draft rule indicates the US still has concerns. Semiconductor sales to Malaysia also are a focal point of a court case in neighbouring Singapore, where prosecutors have charged three men with defrauding customers about the ultimate destination of AI servers – originally shipped from the island nation to Malaysia – that may have contained advanced Nvidia chips. Nvidia is not the subject of Singapore's investigation and has not been accused of any wrongdoing. The export curbs on Malaysia and Thailand would include several measures to ease pressure on companies with significant business operations there, people familiar with the matter said. One provision would allow firms headquartered in the US and a few dozen friendly nations to continue shipping AI chips to both countries, without seeking a license, for a few months after the rule is published, people familiar with the matter said. The licence requirements also would still include certain exemptions to prevent supply chain disruptions, the people said. Many semiconductor companies rely on Southeast Asian facilities for crucial manufacturing steps like packaging, the process of encasing chips for use in devices.
Free Malaysia Today
5 hours ago
- Free Malaysia Today
UPSI bus crash survivors to get OKU card, says Noraini
Fifteen people were killed when a chartered bus carrying UPSI students from Jerteh, Terengganu to the Tanjung Malim campus overturned and crashed into the barrier on the side of the road. (Bernama pic) PETALING JAYA : Students who suffered permanent disabilities in the fatal bus crash that occurred on the East-West Highway near Gerik earlier this month will be issued with an OKU (persons with disabilities) card. This was revealed by deputy women, family and community development minister Noraini Ahmad, who said her ministry is compiling details of the students affected, Bernama reported. She said the social welfare department (JKM) is assisting the Universiti Pendidikan Sultan Idris (UPSI) students who sustained permanent disabilities by processing their applications for the OKU card. She added that the ministry is also reaching out to those who suffered other long-term injuries in the June 9 incident. 'The exact number of affected students is still being gathered as we are awaiting medical assessments,' the Wanita Umno chief told reporters after a party meeting in Kepala Batas, Penang today. She said counselling sessions are ongoing for survivors and the families of those who died, including the family in the Perodua Alza involved in the crash, as many remain traumatised. 'Ongoing psychological support is crucial, especially for those grieving the loss of loved ones. I visited the Alza family yesterday and they are still visibly affected,' she said, according to Bernama. Fifteen people were killed when a chartered bus carrying UPSI students from Jerteh, Terengganu to the Tanjung Malim campus overturned and hit a car with four passengers, before crashing into the barrier on the side of the road. The accident involved a total of 48 victims, 13 of whom died at the scene and two others at the hospital. Separately, higher education minister Zambry Abdul Kadir said universities must closely monitor any initiatives taken independently by their students, including the chartering of tour buses to return to their hometowns during the holiday season. He said such oversight was crucial to prevent any untoward incidents involving students. 'I urge universities to maintain communication and monitor any self-initiated plans by students,' he told reporters after visiting the home of the late Nurly Sahirah Azman, one of the UPSI students who died in the bus crash, in Kampung Gong Pasir, Kerandang, in Jerteh today. Zambry said the ministry is reviewing various views and suggestions for improvement following the tragic incident, including proposals to schedule student travel during the day instead of at night. 'We take note of all the concerns raised, especially on social media, to prevent any untoward incidents,' he said.
