In an affidavit filed to recuse a High Court judicial commissioner from hearing Shahrir’s malicious prosecution lawsuit, Thomas said last week’s decision in former Umno president Najib Razak’s 1MDB case showed the prosecution had successfully proven a prima facie case in respect of all 25 charges.
He said he consented to the bringing of those charges during his tenure in office.
“The former prime minister’s case ran for 235 days over a span of six years (between 2018 and 2024) and the (deputy public prosecutors) called 50 witnesses to testify.
“I was merely discharging my solemn constitutional duty as the AG in bringing criminal charges, whether against Umno leaders or otherwise.
“The charges are certainly not based on malice or to undermine them, as the plaintiff (Shahrir) alleged in his lawsuit. This fact must be seen against the court’s findings in dismissing my earlier striking out application,” he said.
Thomas is seeking to recuse judicial commissioner Roz Mawar Rozain from hearing Shahrir’s lawsuit against him.
He contends that she had “predetermined” the case against him, based on findings she made when dismissing his application to have the suit struck out.
Roz Mawar held that 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 investigating Shahrir on issues involving Felda and Felcra and toppling the Barisan Nasional government.
Roz Mawar will hear Thomas’s application to recuse her on Dec 9.
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 last year after the prosecution withdrew the charge against him. He had been accused of receiving RM1 million from Najib.