PUTRAJAYA: Former prime minister Datuk Seri Najib Razak has withdrawn his appeal to recuse Justice Collin Lawrence Sequerah from presiding over the RM2.28bil 1Malaysia Development Bhd (1MBD) trial.
His lead counsel Tan Sri Muhammad Shafee Abdullah told the court this before a three-judge panel chaired by Justice Che Mohd Ruzima Ghazali here on Tuesday.
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Other judges were Justices Ahmad Zaidi Ibrahim and Azman Abdullah.
Najib filed the appeal against a decision by the High Court on Aug 18, last year, that dismissed his recusal application after Justice Sequerah informed parties involved that he and former general counsel of 1MDB, Jasmine Loo, once worked at the same law firm.
Muhammad Shafee said the main trial, which is currently at the end of prosecution's stage, had proceeded with Loo testifying on the stand as a prosecution witness over 10 days.
"Much water has gone under the bridge," Muhammad Shafee said.
Should there be an appeal in the main case, he said the defence intended to take up the recusal in the main appeal.
Muhammd Shafee then added that if the defence proceeded with the appeal on the judge's recusal now, they would be confronted with the principle of estoppel.
Estoppel is a legal principle where a party is prevented from litigating the same issues that have already been decided on.
Deputy Public Prosecutor (DPP) Kamal Baharin Omar - who appeared for the prosecution - did not object.
The appellate court then struck out the appeal.
The High Court had on Aug 18, 2023, dismissed Najib's application to recuse Justice Sequerah on grounds that Najib did not succeed in proving the burden of real danger of bias.
Justice Sequerah, who is now a Court of Appeal judge, said since Loo left the firm on Dec 31, 2008, there has been no communication or meeting - both on a professional or personal level - between him and Loo.
“Since Loo’s departure, there is no material has been placed before the court to show any form of relationship, whether professional or personal and some 15 years has now elapsed," Justice Sequerah had said in his decision then.
Najib, 71, is on trial for 25 charges in total - four for abuse of power that allegedly brought him the financial benefit to the tune of RM2.28bil; and 21 for money laundering involving the same amount of money.
The trial continues this afternoon at the Kuala Lumpur High Court.
