THE Kuching High Court today refused an application from Petronas to stay proceedings on a suit filed by the Sarawak government to recover unpaid sales tax on petroleum.

Judicial commissioner Christopher Chin said in his written ruling that allowing the national petroleum firm a stay would be tantamount to an “endorsement of a flaw in the system of confirmation of judicial commissioners and represents a fault in our educational provisions relating to the judicial institution”.

Petronas sought a stay on the grounds that it is appealing Chin’s January 23 decision dismissing its application for his recusal from hearing the Sarawak government’s suit against the oil and gas firm to recover RM1.3 billion in unpaid taxes.

Chin said he dismissed the stay application because there was an absence “of any direct aspersions” on him.

He stated that Petronas had in its application for his recusal made it clear that the recusal was against the judicial institution and not the person.

“Petronas had taken pains in the earlier application for recusal to stress that they, Petronas, had nothing against me personally.

“They were concerned of the perceived bias arising from the fact that both my future confirmation – if at all – to high court judge, and, the affairs of Petronas themselves are subjugated to the prerogative of the prime minister.”

He stated that by taking Petronas’s argument, he would be perceived by the informed bystander to decide this case in a manner that would be biased in favour of Petronas so as to seek favour with the prime minister should his confirmation ever reach his bureau, or “rather, seek not to be in his black book”.

Chin said he is bound by his oath of office and would serve “my one and only boss – the rule of law”.

He also said he was not prepared to accept Petronas’ argument that a refusal of stay would render the appeal nugatory (futile) and if its appeal against his refusal were successful, judicial time and resource would have been wasted.

He said he had earlier decided that there was no basis for the perceived bias in this case.

“For me to now stay would be tantamount to acknowledging my reasoning for refusing to recusal earlier was flawed. 

“As my earlier decision not to recuse is based substantially on the protection of the institution of the judiciary, it must necessarily follow that I now refuse this stay application.”

Chin stated that since he did not recuse himself, “then I must proceed to hear the cases before me without delay”.

Chin set March 13 to hear the suit filed by the Sarawak government on November 21 last year against Petronas. – February 11, 2020.