Tommy Thomas @ Mohan A/L K. Thomas v Sharil @ Shahrir Bin Ab Samad

w-01imncvc-28-01-2025 Court of Appeal (Mahkamah Rayuan) 3 July 2025 • W-01(IM)(NCvC)-28-01/2025 • 25 min read

23 cases cited (0 SG, 23 foreign)

Catchwords

Allegation of real danger of bias by trial Court; findings and statements in High Court Judge's grounds of judgments; striking out application under O.18 r.19(1)(a), (b), (c) and/or (d) of the Rules of Court 2012.

Practice Areas

Judges (3)

Ahmad Fairuz bin Zainol Abidin Coram Faizah binti Jamaludin Delivered Supang Lian Coram

Counsel (9)

Fahri, Azzat & Co. Firm Tommy Thomas Firm Alan Adrian Gomez Counsel Appellant Firoz Hussein bin Ahmad Jamaluddin Counsel Respondent Haikaldin Mahyidin Counsel Appellant Iqbal Harith Liang bin Danial Liang Counsel Respondent Mervyn Lai Wei Shiung Counsel Appellant Muhammad Firdaus bin Danial Tan Counsel Respondent Syahrul Syazwan Salehin Counsel Respondent

Parties (2)

Sharil @ Shahrir bin Ab Samad Respondent Tommy Thomas @ Mohan a/l K. Thomas Appellant

Case Significance

Tommy Thomas @ Mohan A/L K. Thomas v Sharil @ Shahrir Bin Ab Samad is a Court of Appeal (Mahkamah Rayuan) decision dated July 3, 2025 (citation: w-01imncvc-28-01-2025). <p>Tommy Thomas, former Attorney General of Malaysia, appealed the High Court's refusal to recuse the trial judge from hearing Shahrir Ab Samad's civil suit for malicious prosecution and misfeasance in public office arising from criminal charges preferred during Thomas's tenure as AG. The Court of Appeal allowed the appeal, finding a real danger of bias based on the trial judge's findings and statements in earlier grounds of judgment, and ordered the judge's recusal from all future proceedings i The panel comprised Ahmad Fairuz bin Zainol Abidin, Faizah binti Jamaludin and Supang Lian, with Faizah binti Jamaludin delivering the judgment.

Summary

Tommy Thomas, former Attorney General of Malaysia, appealed the High Court's refusal to recuse the trial judge from hearing Shahrir Ab Samad's civil suit for malicious prosecution and misfeasance in public office arising from criminal charges preferred during Thomas's tenure as AG. The Court of Appeal allowed the appeal, finding a real danger of bias based on the trial judge's findings and statements in earlier grounds of judgment, and ordered the judge's recusal from all future proceedings in the suit.

What was the outcome of Tommy Thomas @ Mohan A/L K. Thomas v Sharil @ Shahrir Bin Ab Samad?

<p>Tommy Thomas, former Attorney General of Malaysia, appealed the High Court's refusal to recuse the trial judge from hearing Shahrir Ab Samad's civi...

Statutes Cited

Courts of Judicature Act 1964

s 68

Income Tax Act 1967 (Cap 53)

Rules of Court 2012

Cases Cited (23)

UK (3)

[1956] 1 WLR 781 [2000] 1 AC 119 [2000] 1 All ER 65

MY (20)

[1975] 2 MLJ 1 [1993] 2 AMR 1969 [1993] 3 MLJ 36 [1993] 4 CLJ 7 [1999] 3 AMR 3529 [1999] 3 CLJ 65 [1999] 3 MLJ 1 [2001] 4 AMR 4605 [2001] 4 CLJ 701 [2002] 1 MLJ 321 [2002] 4 CLJ 268 [2006] 1 CLJ 577 [2006] 2 AMR 549 [2006] 2 MLJ 293 [2007] 4 AMR 736 [2007] 4 CLJ 725 [2007] 5 MLJ 501 [2015] 5 AMR 867 [2015] 7 CLJ 805 [2017] 7 MLJ 772