PETRONAS’ bid to recuse a judicial commissioner presiding over a suit filed by the Sarawak government against the national oil company will be decided on January 23.

The suit relates to the non-payment of the state’s sales tax on petroleum products.

Petronas today argued that the decision of judicial commissioner Christopher Chin Soo Yin to hear the suit could be hampered by his possible promotion to high court judge.

After Petronas’ application for the recusal was heard in chambers, Sarawak Attorney-General Talat Mahmood told reporters the national oil company had argued that Chin would be worried over his confirmation as high court judge if he were to decide the suit in favour of the state government.

“As a JC (judicial commissioner), his confirmation as judge would depend very much on the prime minister’s advice.

“If he were to decide in favour of Petronas, he will probably get his confirmation, and if he doesn’t, then he will not get his confirmation,” Talat said when asked for the grounds of the national oil company’s application. 

He said the state government disagreed, and had counter-argued that going by Petronas’ argument, the same should apply to all other judges and court of appeal judges, “because their promotions depends very much on the PM as well”.

The Kuching High Court was packed with state cabinet ministers, assistant ministers, Gabungan Parti Sarawak MPs and supporters today.

The Comptroller of State Sales Tax and the Sarawak government filed an action suit against Petronas on November 21 last year for the non-payment of Sarawak sales tax on petroleum products.

The amount of the unpaid tax is reported to be around RM1.3 billion.

The 5% state sales tax was passed by the state legislative assembly late 2018 and came into force on January 1 last year.

Petronas is the only O&G company operating in the state which has not paid the tax, according to the state government. – January 14, 2020.