THE Court of Appeal has allowed former Attorney General Tan Sri Tommy Thomas’s application to remove High Court Judge Roz Mawar Rozain from presiding over a civil suit brought against him by former Johor Bahru MP Tan Sri Shahrir Abdul Samad.
In a unanimous decision on Thursday, the three-judge panel comprising Datuk Supang Lian, Datuk Faizah Jamaludin, and Datuk Ahmad Fairuz Zainol Abidin overturned the High Court’s earlier refusal to recuse Roz Mawar.
Reading the judgment, Justice Faizah said there was a “real risk of bias” if the current judge continued to hear the civil suit, even if the potential bias was unintentional.
“The learned High Court judge must recuse herself from hearing all future proceedings and the trial of this civil matter,” Bernama cited her saying.
She added that the judge’s prior findings and remarks in dismissing Thomas’s bid to strike out Shahrir’s suit gave rise to an appearance that she had already formed views on the merits of the case.
“A fair-minded and informed observer, having considered the facts and circumstances, would perceive a real risk of bias on the part of the judge,” Faizah said.
The appellate court also ordered that RM30,000 in legal costs be paid to Thomas for proceedings at both the High Court and Court of Appeal.
In July last year, Justice Roz Mawar had dismissed Thomas’s attempt to strike out Shahrir’s claim, ruling that the matter should proceed to a full trial. She subsequently rejected a recusal application in January this year.
Shahrir filed the civil suit against Thomas, former Malaysian Anti-Corruption Commission (MACC) chief commissioner Latheefa Koya, the MACC, and the Government of Malaysia, alleging malicious prosecution over a RM1 million cheque he received from former prime minister Datuk Seri Najib Razak for the Puri Langkasuka housing project in Larkin, Johor.
Thomas, who served as attorney general from June 2018 to February 2020, has consistently denied wrongdoing, describing Shahrir’s allegations as baseless.
He also pointed out that he had resigned on 28 February 2020, well before the commencement of Shahrir’s criminal trial in July 2022.
On 5 January 2023, Shahrir was acquitted and discharged by the High Court of a charge of failing to declare the RM1 million to the Inland Revenue Board. - July 4, 2025
