PUTRAJAYA (Aug 20): Former prime minister Datuk Seri Najib Razak has withdrawn his appeal to recuse 1Malaysia Development Bhd-Tanore (1MDB-Tanore) judge Datuk Collin Lawrence Sequerah from presiding over the trial, which is now at the end of the prosecution's stage.

Defence counsel Tan Sri Muhammad Shafee Abdullah informed the Court of Appeal (COA) panel led by Datuk Che Mohd Ruzima Ghazali that the main trial has already proceeded and that the defence intends to take the issue up in the main appeal of the case, if the need arises.

"We filed the notice for recusal in August last year; it was heard and dismissed, the trial went on and [former 1MDB general counsel] Jasmine Loo [Ai Swan]'s testimony was fully heard over 10 days. [...] Much water has gone under the bridge," Shafee told the panel on Tuesday (Aug 20).

Shafee stressed that this is without prejudice to the defence's right to make this one of the grounds of the appeal, should there be an appeal in the case.

The senior lawyer also noted that should they proceed with the appeal now, they would be confronted with the principle of estoppel, where one party is prevented from raising the same issues that have already been adjudicated.

Shafee also added that it would be advantageous for them to take the matter up later, after the full grounds of judgement in the main trial are available. This is so that the defence can see the consideration, if any, that is given to Loo's testimony.

The prosecution, led by Deputy Public Prosecutor (DPP) Kamal Baharin Omar, had no objections to Shafee's application.

The panel, which also included COA judges Datuk Ahmad Zaidi Ibrahim and Datuk Azman Abdullah, then struck out the appeal, noting that Najib would be able to raise the issue in the future, should the need arise.

Najib's appeal is centred around Sequerah's disclosure last year that Loo and he were once partners in law firm Messrs Zain & Co over a decade ago.

Sequerah, who is now a Court of Appeal (COA) judge, made the disclosure following Loo's return to Malaysia in July last year after absconding for about six years since April 2018.

Najib then filed an application to recuse Sequerah. The judge heard lengthy submissions on the matter and later dismissed the application on the grounds that the legal test was that there was a real danger of bias, which the former Pekan MP failed to prove.

Sequerah also said that he had not had any communications with Loo — either personally or professionally — since she left the firm in 2008.

Loo has since testified in the on-going trial where she echoed the same. The prosecution's 50th witness wrapped up her testimony in April this year and has been released from the stand.

Parties are currently submitting at the end of the prosecution stage. Following this, the court would set a date to deliver its decision on whether Najib has to enter his defence or can walk free.

Najib faces four counts of abuse of power for using his position as then-prime minister, then-finance minister and then-chairman of 1MDB’s board of advisers to receive gratifications worth RM2.27 billion. He also faces 21 money laundering charges.

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