Malicious Prosecution Suit: High Court Dismisses Tommy Thomas’ Application to Recuse Judge
KUALA LUMPUR: The High Court today dismissed former Attorney-General Tommy Thomas’s application to recuse Justice Roz Mawar Rozain from hearing a malicious prosecution suit brought by Shahrir Samad against him and three others.
Background
Shahrir Samad, a former Johor Bahru MP, is suing Tommy Thomas for malicious prosecution over a criminal charge brought against him concerning a RM1 million cheque he received from former Prime Minister Najib Razak for restoration work on the Puri Langkasuka housing project in Larkin, Johor.
Recusal Application
Tommy Thomas filed the recusal application on August 26 last year, claiming that Justice Roz Mawar had made numerous baseless findings and statements contradictory to the claims in the lawsuit and the evidence presented in court. However, Justice Roz Mawar dismissed the application, stating that it lacked factual basis and was an "unhealthy trend" that could erode public confidence in the judicial arm of the state.
Justice Roz Mawar’s Ruling
In her ruling, Justice Roz Mawar said that a litigant was entitled to make a recusal application, but must first consider the potential harm it might bring to the integrity of the judiciary and the administration of justice. She also highlighted that the application was an effort to circumvent legislative amendments to Section 68 of the Courts of Judicature Act 1964, which prevents a litigant from revisiting points already determined in an interlocutory matter.
Consequences
The Court ordered Tommy Thomas to pay RM20,000 in costs to Shahrir, who was represented by lawyers Syed Faisal Al-Edros Syed Abdullah and Firoz Hussein Ahmad Jamaluddin. The judge also fixed March 4 to hear Thomas’s application to stay the trial pending the outcome of his appeal to the Court of Appeal.
Conclusion
In this case, the High Court has dismissed Tommy Thomas’s application to recuse Justice Roz Mawar from hearing the malicious prosecution suit brought by Shahrir Samad. The judge’s decision highlights the importance of upholding the integrity of the judiciary and the administration of justice, and the need for litigants to carefully consider the potential consequences of their actions.
Frequently Asked Questions
Q: What is the case about?
A: The case is about Shahrir Samad’s malicious prosecution suit against Tommy Thomas and three others over a criminal charge brought against him concerning a RM1 million cheque he received from former Prime Minister Najib Razak.
Q: What is the background of the case?
A: Shahrir Samad, a former Johor Bahru MP, received the RM1 million cheque from Najib Razak for restoration work on the Puri Langkasuka housing project in Larkin, Johor.
Q: What is the outcome of the recusal application?
A: The High Court dismissed Tommy Thomas’s recusal application, ruling that it lacked factual basis and was an "unhealthy trend" that could erode public confidence in the judicial arm of the state.