The accused’s lead defence counsel informed the Kuala Lumpur High Court that this is part of the relief sought in the recusal application that was filed earlier this morning.
Back on July 27, Najib’s legal team informed that they were considering whether to seek Sequerah to disqualify himself from the trial due to the judge’s disclosure that he used to be partners with former 1MDB-linked fugitive, Jasmine Loo Ai Swan in a law firm.
"The consequence would be that in the event that Yang Arif (Your Honour) allows the application, this honourable court should allow the nullification of the entire (1MDB) proceedings and for the acquittal of the applicant (Najib).
"(In the alternative) In the event that the recusal is allowed, Your Honour should order this matter be tried afresh before a new different High Court judge," Muhammad Shafee Abdullah said.
When Sequerah asked the prosecution whether they are ready to submit the recusal bid today, deputy public prosecutor Kamal Baharin Omar said it is impossible as the application has not been served officially on them.
The prosecutor said they need at least until tomorrow to prepare and file their oral submission to object against the recusal bid.
Sequerah then fixed Thursday this week to hear parties' oral submissions on the recusal bid.
When Shafee applied for the entire 1MDB trial to be postponed pending disposal of the recusal application, Sequerah rejected this and ordered the trial to proceed in the meantime.
Previously, former Bank Negara governor Zeti Akhtar Aziz was testifying for the prosecution in the 1MDB case against Najib.
Zeti is seen today in the witness box, preparing to resume her testimony.
Sequerah was partners with Loo in the law firm Zain & Co, between 10 to 15 years ago, when he was still a practising lawyer.
However, Loo later left the law firm and Sequerah was then elevated to the bench in 2014.
During the course of the 1MDB trial that began in 2019, Najib’s defence team constantly contended that the accused had no knowledge of wrongdoing at the fund and that the embezzlement was perpetrated by fugitive businessperson Low Taek Jho (Jho Low), as well as by several of his alleged associates such as Loo and several members of the fund’s management.
Under the law, a legal team may seek the disqualification of a judge over cited risks of potential bias and prejudice for various reasons, such as the trial judge having or had a working relationship with the accused or a key witness in the case.
On July 12, Home Minister Saifuddin Nasution Ismail revealed in a press conference that Loo surrendered herself to the Malaysian authorities after having been at large for many years.
A day later, through her lawyers from the law firm AmerBon, the former 1MDB executive said she wanted to assist authorities in expediting asset recovery efforts related to the scandal.
Najib is facing four counts of abuse of power and 21 counts of money laundering involving RM2.28 billion from 1MDB, a Malaysian sovereign wealth fund fully 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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