The High Court today set Jan 14, 2025, to deliver its ruling on the application by former attorney general (AG) Tan Sri Tommy Thomas for Judge Roz Mawar Rozain to recuse herself from hearing the defamation suit filed by Tan Sri Shahrir Ab Samad against him and three others over alleged malicious prosecution.
Roz Mawar set the date after hearing submissions from Thomas’ lawyer Alan Adrian Gomez, and Shahrir’s lawyers Datuk Syed Faisal Al-Edros Syed Abdullah and Datuk Firoz Hussein Ahmad Jamaluddin.
“The court will deliver its decision on Jan 14, 2025, at 9.00 am,” said the judge.
Thomas filed the application on Aug 26, claiming that Roz Mawar had made numerous baseless findings and contradictory statements to the claims in the lawsuit and the evidence presented in court.
However, Shahrir opposed the application, arguing that the judge should not recuse herself simply because Thomas was dissatisfied with her reasoning.
On July 3, Roz Mawar dismissed Thomas’ application to strike out the lawsuit, and the case was scheduled for a full hearing over seven days, from March 9 to 12 and April 27 to 29, 2026.
The former Johor Bahru member of parliament filed the lawsuit in December last year, naming Thomas, former Malaysian Anti-Corruption Commission (MACC) chief commissioner Latheefa Koya, the MACC, and the government as defendants.
Shahrir’s lawsuit concerns an RM1 million cheque he 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 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 further explained that he resigned on Feb 28, 2020, and that Shahrir’s criminal trial for the charges began on July 26, 2022.
On Jan 5, 2023, High Court Judge Datuk Muhammad Jamil Hussin acquitted Shahrir on the charge of failing to declare the RM1 million income received from Najib to the Inland Revenue Board.
