In an affidavit filed on Monday, Thomas says Roz Mawar Rozain had “predetermined” the case against him, based on findings she made when dismissing his application to have the suit struck out.
Last month, Roz Mawar held that the suit could not be struck out without going to trial as there are issues that need to be ventilated in a full hearing.
She said certain admissions Thomas made in his 2021 memoir titled My Story: Justice in the Wilderness constitutes prima facie evidence of improper motives.
These include pressuring the Malaysian Anti-Corruption Commission into probing Shahrir as regards Felda and Felcra issues and toppling the Barisan Nasional government.
Thomas said his book only contained observations on MACC’s autonomy as an investigation body.
“Therefore, I am unable to understand how the judicial commissioner concluded that I had made such admissions based on my book.
“The only explanation is that she has readily accepted (Shahrir’s) assertions and submissions at face value,” he said.
Thomas further claimed that Roz Mawar had made a “quantum leap” in deciding that he had acknowledged his role and efforts in overthrowing the BN-led government in 2018.
“There was nowhere in my book that I played a role or took part in efforts to bring down the government,” he said.
He said he and fellow lawyers Ambiga Sreeneevasan and Zainur Zakaria were told to be present at Sheraton Hotel on May 9, 2018 to advise Pakatan Harapan on any legal issues that might emerge.
He said BN lost control of the federal government to PH in a democratic process.
Thomas further said he is concerned that he will not get a “fair trial” before Roz Mawar.
“The court’s grounds of judgment (in respect of the striking out application) displays that there is a real danger of bias if the judicial commissioner continues to preside over the lawsuit,” he added.
The application has been fixed for case management on Sept 13.
Shahrir, a former Johor Bahru MP, filed the suit against Thomas, then MACC chief commissioner Latheefa Koya and the government over claims of malicious prosecution and misfeasance in public office.
He is seeking RM10 million in damages and an apology from both Thomas and the government.
Shahrir was acquitted on one count of money laundering charge last year after the prosecution withdrew the charge against him.
He had been accused of allegedly receiving RM1 million from former prime minister Najib Razak.