Kuala Lumpur: The outcome of Najib Razak’s application to recuse the trial judge from hearing his 1MDB case will be known tomorrow.
Justice Collin Lawrence Sequerah fixed the decision date after hearing lengthy arguments from the former prime minister’s lawyer Shafee Abdullah and deputy public prosecutor Kamal Bahrin Omar.
Najib had on Monday filed an application to recuse Sequerah, following the judge’s disclosure last month that former 1MDB general counsel Loo Ai Swan and he had been partners in a law firm.
The defence is also seeking an order for the case to start afresh, or continue, before another judge.
Loo, also known as Jasmine Loo, is believed to be a former associate of fugitive financier Low Taek Jho, or Jho Low, the alleged mastermind behind the 1MDB scandal.
She was arrested and remanded by police last month for 1MDB-related investigations.
Earlier today, Shafee told the court that Sequerah would have to decide on Loo’s credibility if he continued to preside over the trial.
“She played an important and substantive role (in 1MDB). She basically carried out Jho Low’s instruction ‘to legalise what is illegal’,” the lawyer added.
He also claimed that Sequerah would be put in a “difficult position” to decide if Loo is to be impeached for making contradictory statements.
“Such a decision will pose a conflict and will be embarrassing to Your Lordship (Sequerah), because of your relationship as ex-partners (in the law firm),” Shafee said.
Sequerah then asked: “Given that I had disclosed it, don’t you think I can decide this (1MDB case) impartially?”
The judge said that cases are decided purely on their evidence.
Shafee told the court that Sequerah would still have to decide on facts presented through other witnesses regarding Loo’s role in 1MDB, and may have to impeach her, if necessary.
Sequerah responded by saying he is prepared to impeach her in the event the matter arises, adding that she is no different from other witnesses.
Meanwhile, Kamal said there is no nexus between the issues in this trial and Sequerah’s and Loo’s past employment in the firm.
He added that Loo resigned from the firm in 2008 and joined 1MDB three years later, while Sequerah remained in the firm until his elevation in 2014.
“There is no evidence to show that your lordship has any personal, pecuniary or direct relationship with her,” said Kamal.
