PETRONAS today failed to remove a judicial commissioner from hearing a suit brought by the Sarawak comptroller of sales tax against the national oil company over unpaid sales tax.

In his ruling, judicial commissioner Christopher Chin said there is no real possibility of perceived bias by fair-minded observers having knowledge of the facts.

Chin, only nine months on the job, said Petronas’ application was “an affront to the judiciary and is frivolous and without merit”.

Petronas on January 14 argued on “a real danger of perceived bias”.

It argued that as a judicial commissioner, Chin’s tenure was temporary and was subject to the confirmation by Prime Minister Dr Mahathir Mohamad, who has ultimate control over Petronas.

Chin said Petronas’ application to remove him suggests that because of the pressure to earn his confirmation as a full-fledged high court judge, he may decide the cases to favour the prime minister “who wears two hats – firstly in relation to my confirmation and secondly over the affairs of the defendant”.

Borrowing the words of former Federal Court judge Idris Harun on judicial recusal, Chin stated a judge may recuse himself when a party applies for him to do so and he must step down in circumstances where there appear to be actual or apparent bias.

But judges, Chin said, enjoy a presumption of impartiality in the performance of their judicial functions.

“However, such presumption is rebuttal but only with cogent evidence and in appropriate cases that he may recuse himself.”

Chin said during his nine months on the bench, he could categorically state that “I have never been instructed, hinted or urged by my bosses, the chief judge of Sabah and Sarawak nor the chief justice or by any judges or person for that matter, on how I should decide any dispute”.

Chin also said that despite his lack of seniority and judicial experience, he has “full and unfettered independence in deciding all cases I see judicially fit”.

For Petronas to suggest that judicial commissioners could be perceived to be biased because of their temporary tenure and that their appointment and future depend on the prime minister is itself an affront to the judiciary, he added.

Chin also ordered Petronas to pay the RM50, 000 cost to the comptroller.

Petronas legal counsel Malik Imtiaz Sarwar told the court the national oil company is appealing the decision. 

He also told the court he will file later today an application for a stay on the court proceedings. 

Chin set February 5 to hear the application. – January 23, 2020.