KUALA LUMPUR (July 27): Former prime minister Datuk Seri Najib Razak, the accused in the 1Malaysia Development Bhd-Tanore (1MDB-Tanore) trial, is considering disqualifying the presiding judge, following Datuk Collin Lawrence Sequerah's disclosure that he had worked with former 1MDB general counsel Jasmine Loo Ai Swan more than a decade ago.

Najib's lawyer Tan Sri Muhammad Shafee Abdullah conveyed this to the court on Thursday (July 27) morning, saying that the defence's position is that it does not matter whether Loo is called as a witness, but given the extent to which Loo has been referred to in the trial, it would have rendered the position that Sequerah disqualify himself.

"Excluding the witness statement, [Loo's name has been mentioned] 656 times [within the] 167 days of trials...whether Loo is called or not, this would have rendered the position that Yang Arif [ought to disqualify] yourself given your previous relationship as partners at a firm," Shafee said.

On Wednesday, Sequerah disclosed that he and Loo were partners at a firm, when the judge was still a practising attorney about 10 to 15 years ago.

He said that they were partners at medium-sized firm Zain & Co, and Loo had left the firm after some years.

Sequerah was then elevated to the bench in 2014 and is now a Court of Appeal judge.

On Wednesday, deputy public prosecutor Ahmad Akram Gharib also informed the court that the prosecution had yet to determine whether Loo will be called as a witness.

He said that Loo was still in the custody of the police, and that at the moment, prosecutors at the Attorney General's Chambers had not received any outcome of the ongoing investigation.

He added that once the investigation is complete, he will seek instructions from the attorney general.

Shafee, meanwhile, said that he needs a bit more time to sort out the matter, as it is complicated, and will take it up on Aug 14, the next trial date.

"We are saying that we will make the submission, and we will take the position on Aug 14, the first date of the next session. Give us three weeks to do our homework, [and at] the same time, [we] are alerting the prosecution, so they can respond," he said.

The senior counsel added that this is a complicated matter, and that he and his team have some "scouting" to do, looking into cases in the UK, Australia, the US and other places.

Shafee said he had very limited time to consult with Najib on Wednesday and Thursday, but this is the position that the defence is taking at the moment.

"The instruction that I received from my client was this: We are considering [disqualifying the presiding judge]. We are not saying we will be taking [the position], but we are considering it, and we want that opportunity to submit it before Yang Arif," he said, adding that his team and Najib were surprised by the disclosure.

Shafee also asked the judge if he wishes to clarify anything on the matter.

To this, Sequerah replied briefly: "I will deal with it when the time comes".

Following this, the trial resumed with the continued cross-examination of the prosecution's 44th witness, former BSI banker Kevin Swampillai.

Loo, a central figure in the 1MDB scandal, was reportedly arrested earlier this month. Her lawyers said that she surrendered herself and intends to help Malaysia recover 1MDB assets.

She had fled Malaysia in 2018, and was a wanted person by the authorities.

In this trial, Najib faces four charges of using his position to obtain bribes totalling RM2.3 billion from 1MDB funds, and 21 charges of money laundering involving the same amount.

The Edge is covering the trial live here.

Users of The Edge Markets app may tap here to access the live report.

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