Latest news with #ShahrirSamad
Free Malaysia Today
6 days ago
- Politics
- Free Malaysia Today
Ex-AG Tommy Thomas wins appeal to recuse trial judge
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. 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.
Free Malaysia Today
22-06-2025
- Business
- Free Malaysia Today
Umno ministers outperforming those from PKR and DAP, says Shahrir
Former Johor Bahru MP Shahrir Samad said PKR leaders have 'no real experience' in governing the country. (Bernama pic) PETALING JAYA : An Umno veteran claims that ministers from his party are doing better than their fellow Cabinet members from DAP and PKR. Shahrir Samad, who had held several Cabinet posts, said it cannot be denied that Umno leaders serving as ministers in the Anwar Ibrahim-led unity government are performing better and more effectively compared with those from DAP and PKR, Utusan Malaysia reported. 'This is because Umno leaders are trained and shaped through a grassroots leadership development process, rising through the ranks over time,' he was quoted as saying in an interview with the daily. In contrast, he said, many leaders from PKR and DAP lack such experience. He cited how DAP leaders may have been in politics for a longer period and were expected to be more seasoned, but still fell short. Giving Lim Guan Eng as an example, Shahrir said the former DAP chairman did not always 'reflect maturity or wisdom in leadership' both as finance minister and Penang chief minister. 'PKR leaders, in particular, have no real governing experience. So, when they are appointed ministers, the country ends up in disarray,' he said. 'We even have situations where (their) ministers want to resign but first take leave, as if a political post was a corporate job that requires a three-month notice period. This shows a fundamental misunderstanding of political office. 'If you intend to resign, just resign. There's no need to take leave,' he said, claiming that the prime minister's decision to find a replacement or reshuffle the Cabinet was stalled because of such ministers taking leave. PKR's Pandan MP Rafizi Ramli resigned as the economy minister after he lost the party deputy presidency to Nurul Izzah Anwar last month. Nik Nazmi Nik Ahmad, the Setiawangsa MP, also let go of his natural resources and environmental sustainability portfolio after he failed to defend his PKR vice-presidency. Both submitted their resignation letters on May 28 and went on leave – with Rafizi's leave ending on June 16, and Nik Nazmi's on July 3. Prime Minister Anwar Ibrahim had expressed hope that the duo would reconsider their resignations, but both remained steadfast in their decisions.
Free Malaysia Today
05-06-2025
- Politics
- Free Malaysia Today
Court reserves judgment in Tommy Thomas's appeal to recuse judge
Former attorney-general Tommy Thomas's lawyer argued that High Court judge Roz Mawar Rozain was biased and had shown prejudgment when she dismissed his client's application to strike out the suit. PUTRAJAYA : The Court of Appeal has reserved judgment in former attorney-general Tommy Thomas's appeal to disqualify a High Court judge from hearing a malicious prosecution lawsuit filed by former minister Shahrir Samad. The three-member bench, led by Justice Supang Lian and comprising Justices Faizah Jamaludin and Ahmad Fairuz Zainol Abidin, said it would consider both written and oral submissions. A case management has been scheduled for June 12 to fix a date for the decision. Thomas's lawyer Alan Adrian Gomez argued that High Court judge Roz Mawar Rozain was biased and had shown prejudgment when she dismissed his client's application to strike out the suit. He claimed the judge relied on Thomas's memoir, My Story: Justice in the Wilderness, to suggest that Thomas had pressured the Malaysian Anti-Corruption Commission (MACC) to investigate Shahrir. 'Thomas will not be accorded a fair trial as there is a breach of natural justice,' he added. 'Thomas only asked MACC investigators to complete the probe expeditiously,' Gomez said, adding that while Thomas approved Shahrir's prosecution, it was his successor, Idrus Harun, who decided to proceed with the trial. Gomez also took issue with the judge's remark in her judgment that Thomas, before becoming attorney-general in June 2018, had helped topple the Barisan Nasional government. 'BN was voted out in the 14th general election,' he said. In response, Shahrir's lawyer Firoz Hussein Ahmad Jamaluddin argued that the recusal bid was baseless and made only after the strike-out application failed. He said a judge cannot be disqualified simply for making adverse rulings and noted that judges routinely dismiss strike-out applications but still go on to hear the full case if the plaintiff had an arguable case. He said the judge, in this case, wanted the trial to proceed as there was a prima facie case for malicious prosecution. 'The trial should proceed so that the truth can be tested through cross-examination,' Firoz said. He also highlighted that an MACC officer testified in Shahrir's money laundering trial that the investigation was incomplete when charges were filed. On Jan 5, 2023, High Court judge Jamil Hussin acquitted Shahrir of failing to declare RM1 million received from former prime minister Najib Razak to the tax authorities after the prosecution decided not to continue the case. Thomas filed the recusal application on Aug 26, 2023, alleging that Roz Mawar made baseless findings inconsistent with the lawsuit and evidence. Shahrir opposed the application, arguing that dissatisfaction with a ruling was not grounds for recusal. On July 3 last year, the judge dismissed Thomas's attempt to strike out the lawsuit. Shahrir, a former Johor Bahru MP, filed the suit in December 2022, naming Thomas, former MACC chief Latheefa Koya, MACC and the government as defendants. The suit centres on a RM1 million cheque from Najib, 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 relevant agencies. He resigned in February 2020, while Shahrir's trial began in July 2022.
