KUALA LUMPUR (Aug 29): Former attorney general Tan Sri Tommy Thomas has applied to recuse the High Court judge presiding over Tan Sri Shahrir Abdul Samad's malicious prosecution suit against him.

Thomas' application comes after Judicial Commissioner (JC) Roz Mawar Rozain dismissed his application to strike out the case on July 3. She ruled that Shahrir's claim was not an abuse of process and ought to be ventilated in a trial.

In his application to recuse Roz Mawar seen by The Edge, Thomas claimed that the JC had allegedly misinterpreted portions of his book "My Story: Justice in the Wilderness" regarding how he pursued certain high-level cases, and that he will not get a fair trial under her.

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"Justice Roz Mawar had ventured beyond the plaintiff’s own pleaded case, and in making the determination that my book contained 'statements about pressuring the Malaysian Anti-Corruption Commission (MACC) to investigate the plaintiff’s role in Federal Land Development Authority (Felda) and Federal Land Consolidation and Rehabilitation Authority (Felcra) for the purported wrongdoings, even after being told there was no evidence of any scandal', unfairly enhanced the plaintiff’s case against me," he said.

Thomas also said the JC did not even refer to "crucial facts" raised by his lawyers that although he was the AG when charges were preferred against Shahrir, he had nothing to do with the trial which commenced under the AG after him, Tan Sri Idrus Harun.

He said no consideration was given to the fact that he had been "singled out" when he had no involvement in the proceedings of the trial.

Shahrir, a former Felda chairman, was charged in January 2020 and his trial began in July 2022. More than 20 witnesses were called, before the prosecution dropped the case against the ex-Umno man, who is also a former Johor Bahru Member of Parliament.

Thomas had applied to strike out the suit on the grounds that, among others, it was an abuse of process, since Article 145(3) of the Federal Constitution states that the AG has the discretion to institute, conduct or discontinue any proceedings for an offence.

He also said that the public prosecutor has no control over the investigation process, which is independently conducted by enforcement agencies.

Shahrir had initiated the suit against Thomas, former MACC chief Latheefa Koya, the MACC, and the government for alleged malicious prosecution, malicious investigation and wrongful arrest.

The former minister claimed, among others, that Thomas had failed to order for the probe of the case to be completed before deciding to grant permission to prosecute him.

This was with regard to his criminal trial for failing to declare RM1 million, which he received from jailed former prime minister Datuk Seri Najib Razak, to the Inland Revenue Board.

In January last year, Shahrir was granted a full acquittal after the prosecution informed the court that they did not intend to continue the case, per instructions from their superiors.

Shahrir has maintained that the sum was a reimbursement, and he did not need to declare it as income.

It was reported that a prosecution witness, MACC investigating officer Nurzahidah Yacop, testified that she received an instruction from the prosecution, with permission given by Thomas in January 2020, to charge Shahrir even when the investigation papers on the case were still incomplete.

Shahrir was charged with money laundering by not stating his real income in the income tax return form for assessment year 2013, which would be a violation of Section 113(1)(a) of the Income Tax Act 1967, over the RM1 million, believed to be from unlawful activities, which he received from Najib through a cheque.

The charge, framed under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA), provided a maximum fine of RM5 million, or an imprisonment of up to five years, or both, if found guilty. 

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