Judge Collin Lawrence Sequerah will stay on as trial judge over the RM2.28 billion 1MDB corruption trial against former prime minister Najib Abdul Razak.
The Kuala Lumpur High Court this morning dismissed the former finance minister's application to recuse Sequerah, on grounds that the judge used to be partners with 1MDB-linked former fugitive, Jasmine Loo in a law firm 15 years ago.
Sequerah (above) ruled that mere past employment is not enough to show a real danger of bias, as there was no contact between him and Loo since she left the law firm Zain & Co in 2008 (Sequerah left the firm in 2014 when he was elevated to the bench).
The judge pointed out there has been no communication, either personal or professional, between him and Loo since 2008, with Loo having been engaged as general counsel with 1MDB in 2011.
"On Loo's involvement in the case, it commenced in 2011 when she (was engaged by) 1MDB. This has nothing to do with the period of time when I was at Zain & Co (with Loo)," the judge said.
Sequerah added that the defence team not only failed to show any existing personal or professional relationship between him and Loo, but they also failed to provide evidence of any pecuniary or direct relationship with Loo.
The former lawyer also pointed out that this was strengthened by the fact that he was in the law firm's litigation department then, while Loo was in a separate department of the firm that deals with corporate matters.
Sequerah also denied lead defence counsel Muhammad Shafee Abdullah’s application to stay the trial pending disposal of Najib’s appeal to the Court of Appeal to recuse the judge.
Former Bank Negara governor Zeti Akhtar Aziz then took the witness stand to resume cross-examination by Shafee.
During the hearing of the recusal bid yesterday, Shafee submitted there was a perception of risk of bias on the part of Sequerah, who was a partner in Zain & Co when Loo was made a partner in 2004.
However, deputy public prosecutor Kamal Baharin Omar countered that Loo was only involved with 1MDB in 2011, which was three years after she left the law firm in 2008.
Sequerah was with the firm until he was elevated to the bench in 2014.
Last month, Home Minister Saifuddin Nasution Ismail announced that Loo was arrested following her surrender to the Malaysian authorities after many years on the run.
In relation to the ongoing trial before Sequerah, Najib is facing four counts of abuse of power and 21 counts of money laundering involving RM2.28 billion from 1MDB, a sovereign wealth fund wholly owned by the Minister of Finance Incorporated (MOF Inc).
For the four abuse of power charges, the former Pekan MP is alleged to have committed the offences at AmIslamic Bank Bhd’s Jalan Raja Chulan branch in Bukit Ceylon, Kuala Lumpur, between Feb 24, 2011, and Dec 19, 2014.
On the 21 money laundering counts, the accused is purported to have committed the offences at the same bank between March 22, 2013, and Aug 30, 2013. - Mkini
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