There is a perception that 1MDB trial judge Collin Lawrence Sequerah, as then a partner of a law firm, was involved in the appointment of Jasmine Loo as a partner in the same firm, argued Najib Abdul Razak's legal team.
During today's hearing of the former prime minister's bid to recuse Sequerah (above) from the RM2.28 billion 1MDB corruption trial, lead defence counsel Muhammad Shafee Abdullah said there is a risk of “pre-evaluation” on the judge's part as he was a partner in Zain & Co when Loo was made a partner there on Jan 1, 2004.
Loo, who was a partner at the law firm from 2001 to Dec 31, 2008, was engaged with 1MDB around 2010 and was wanted by the authorities for many years before she surrendered last month.
Sequerah had also disclosed his previous time at the law firm with Loo, prior to his elevation to the bench in 2014.
"The question therefore is, can this honourable court seriously say as far as 1MDB is concerned, that Loo in the factual matrix that has been unloaded in this case, has gone rogue?
"Being already appointed a partner purportedly on Jan 1, 2001, three years prior to Loo’s appointment as a partner in the firm, we submit that it would be reasonable to perceive that the honourable judge would have been involved in the appointment process as a partner to their firm Messrs Zain & Co.
"Accordingly, it would also be reasonable for the accused to perceive that the honourable judge would have been in a position to have observed and worked with Loo in close proximity over the years,” Shafee submitted.
He contended that Sequerah would have pre-evaluated Loo’s quality of work while they were legal assistants leading to her appointment as partner.
“As a result, the honourable judge would have unfortunately formed a pre-evaluation of Loo, one of which could deter the judge from being a fair and free-minded observer in hearing Loo’s testimony as and when she is called to testify (against Najib in the 1MDB trial)," Shafee added.
‘Lawyers foster special relationships’
The lawyer then presented a hypothetical scenario where he is a judge hearing a court case and the witness used to be partners with him in a law firm.
This situation, he said, would make it “difficult” for him to act fairly and without bias in assessing the witness' oral evidence.
Shafee pointed out that special relationships tend to be fostered between law firm partners as a legal firm is akin to a “pressure cooker” - where all the lawyers are in the same room to discuss their client's case until the wee hours of the morning.
"None of us slept today," the lawyer said over Najib's legal team's preparation for the recusal hearing, further contending that this kind of situation creates a certain type of relationship that stays on, even after a lawyer has left a firm.
Shafee noted that this was exacerbated by the prosecution witnesses, throughout the 1MDB trial since 2019, making 656 references to the former general counsel of the troubled sovereign wealth fund.
In the course of the trial, Najib's legal team had contended that the former premier had no knowledge of wrongdoing at 1MDB, and that all embezzlement was solely masterminded by fugitive businessperson Low Taek Jho (Jho Low), several of his alleged associates including Loo, and some members of the fund's management.
Abuse of power charges
In relation to the ongoing trial before Sequerah, former finance minister 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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