Why did Najib fail to remove the 1MDB trial judge?

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Najib Failed to Remove the 1MDB Trial Judge Because the Court Found No Real Danger of Bias

Datuk Seri Najib Razak's application to have Justice Datuk Collin Lawrence Sequerah recused from hearing his 1Malaysia Development Berhad (1MDB) trial was dismissed because the court determined that the defence had not proven a "real danger of bias." Justice Sequerah ruled that his past association as a partner in the same law firm as Jasmine Loo, a former fugitive now apprehended, until 2008, did not demonstrate sufficient grounds for recusal, as there was no ongoing personal or professional relationship. The judge affirmed his ability to objectively assess Loo as a witness, should she be called, without any conflict of interest.
The Legal Threshold for Recusal Was Not Met

Justice Sequerah stated that the legal standard for recusing a judge requires proof of a "real danger of bias," and that the burden to establish this rested with Najib. The judge found that the defence had failed to discharge this burden. He elaborated that past associations, such as having previously worked at the same law firm, are not inherently sufficient to demonstrate a genuine risk of prejudice, citing a precedent that mere past employment history does not equate to a real danger of bias.
Past Association with Jasmine Loo Was Not a Conflict of Interest

The application for recusal stemmed from the fact that Justice Sequerah and Jasmine Loo were partners at the law firm Zain & Co until Loo's resignation in December 2008. However, Justice Sequerah clarified that he had no communication with Loo since her departure from the firm approximately 15 years prior and had not met her since then. He asserted that there was no evidence presented in court to suggest any personal, pecuniary, or direct relationship with Loo currently, which would create a conflict of interest.
Disclosure of Association Was Made Appropriately

Justice Sequerah addressed the argument that his past association with Loo should have been disclosed earlier. He explained that the disclosure was made when Najib's lawyers specifically inquired whether Loo would be called as a witness, stating that it was the most appropriate time to reveal this information, especially given her recent apprehension after being a fugitive. He noted that his past professional association with Loo at Zain & Co was not a secret and that no assumption of bias could be made based on this historical connection.
Trial Continues with New Witness

Following the dismissal of the recusal application, Najib's legal team also had their request for a stay of proceedings rejected by Justice Sequerah, as he found no special circumstances to warrant a pause in the trial. Consequently, the 1MDB trial proceeded with the 46th prosecution witness, Tan Sri Zeti Akhtar Aziz, the former governor of Bank Negara Malaysia, taking the stand. Najib's lawyers indicated their intention to appeal Justice Sequerah's decision.

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Why did Najib fail to remove the 1MDB trial judge?

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