Kuala Lumpur: The High Court here today dismissed an application by former attorney general (AG) Tan Sri Tommy Thomas to recuse Judge Roz Mawar Rozain from hearing the defamation suit filed by Tan Sri Shahrir Ab Samad against him and three others over alleged malicious prosecution.
According to BERNAMA News Agency, Judge Roz Mawar expressed concern over the increasing trend of litigants seeking to recuse judges, stating that it could undermine public confidence in the judiciary. She emphasized that while litigants have the right to request recusal, such applications should consider the potential harm to the integrity of the judiciary and the administration of justice. She criticized the application as frivolous and bordering on contempt of court.
Roz Mawar awarded costs of RM20,000 to Shahrir and set March 4 as the date to hear Thomas’s application to stay proceedings pending his appeal in the Court of Appeal. Lawyer Alan Adrian Gomez represented Thomas, while Shahrir was represented by lawyers Datuk Syed Faisal Al-Edros Syed Abdullah and Datuk Firoz Hussein Ahmad Jamaluddin.
Thomas filed the application on August 26, last year, claiming that Judge Roz Mawar made baseless findings and contradictory statements related to the lawsuit and evidence presented. Shahrir objected, arguing that dissatisfaction with the judge’s reasoning was not grounds for recusal.
On July 3 last year, Judge Roz Mawar dismissed Thomas’ application to strike out the lawsuit, scheduling a full hearing over seven days from March 9 to 12 and April 27 to 29, 2026. The lawsuit, filed in December 2023 by the former Johor Bahru member of parliament, named Thomas, former Malaysian Anti-Corruption Commission (MACC) chief commissioner Latheefa Koya, the MACC, and the government as defendants.
The case involves a RM1 million cheque Shahrir received from former prime minister Datuk Seri Najib Tun Razak for restoration work on the Puri Langkasuka housing project in Larkin, Johor. Thomas, who served as AG from June 4, 2018, to February 28, 2020, denied Shahrir’s allegations of abuse of power, describing them as “unsustainable.” He clarified that the discretion to charge is exercised after receiving investigation papers from agencies like the MACC.
Thomas noted that he resigned on February 28, 2020, and Shahrir’s criminal trial began on July 26, 2022. On January 5, 2023, High Court Judge Datuk Muhammad Jamil Hussin acquitted Shahrir of failing to declare the RM1 million income received from Najib to the Inland Revenue Board.