Former prime minister Datuk Seri Najib Razak has withdrawn his appeal to recuse Justice Collin Lawrence Sequerah from presiding over the RM2.28bil 1Malaysia Development Bhd (1MBD) trial.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, informed a three-judge panel, chaired by Justice Che Mohd Ruzima Ghazali, of the decision on Tuesday (Aug 20).
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His lead counsel, Tan Sri Muhammad Shafee Abdullah, informed a three-judge panel, chaired by Justice Che Mohd Ruzima Ghazali, of the decision on Tuesday (Aug 20).
Read more at https://tinyurl.com/ycxh5cde
WATCH MORE: https://thestartv.com/c/news
SUBSCRIBE: https://cutt.ly/TheStar
LIKE: https://fb.com/TheStarOnline
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NewsTranscript
00:00Okay, this morning, we took action to withdraw the appeal against the exception or recusal of the judge who is in charge of the proceedings at this time, Justice Colin.
00:20The reason why we withdrew the appeal is based on a tactical basis.
00:50We cannot raise this point because they will say it is issue-estoppel or re-judicata.
01:21If he is truly independent and impartial, it will also be reflected in the judgement or otherwise.
01:30So, we have new materials.
01:34If we wait, we will take the full appeal, where the issue of recusal is taken at once.
01:45So, the withdrawal of the appeal today is based on the condition that there is no prejudice against the things that I mentioned earlier.
01:58And the record that we mentioned earlier, what I said in the court earlier, that record will be given to us so that we can use that record in the full appeal if necessary.
02:14So, you withdraw the case?
02:16Withdraw the appeal, not the case.
02:18I hope the DPP withdraw the case.
02:20Then we all go home, you see.
02:22No prosecution, no objection?
02:24No objection. In fact, they support.
02:26So, if we withdraw the appeal today, we can file the case immediately?
02:32Not file. If there is a full appeal, if we lose, we lose.
02:38If we win, there is no appeal.
02:40Then the issue of recusal is also no issue.
02:42But if we lose, in the main case, we can appeal this point.
02:48Because this point will be part and parcel of the grounds of appeal.
02:53You understand?
02:54We don't want to be deprived of that.
02:56Until Dato' Polin will give the decision?
03:01Correct.
03:02The submission or all that?
03:04Yes, correct.
03:06It can be both?
03:10I think a full decision.
03:14You see, a full decision may happen in the case,
03:19in the case, presumably, at the end of the prosecution, they acquit.
03:24That will be a full decision.
03:26But if they don't acquit, they call defense.
03:29After defense, they make a decision, that is a full decision.
03:33So, it depends.