Judge recuses self from hearing 1MDB forfeiture suit against Obyu Holdings
High Court judge Collin Lawrence Sequerah has recused himself from hearing a 1MDB forfeiture suit against Obyu Holdings Bhd.
The judge made the decision during case management for the matter in his chambers this morning...
UPDATED 1.37PM | Collin Lawrence Sequerah says improper for him to hear the matter as he is presiding over the main 1MDB trial.
High Court judge Collin Lawrence Sequerah has recused himself from hearing a 1MDB forfeiture suit against Obyu Holdings Bhd.
The judge made the decision during case management for the matter in his chambers this morning.
In confirming the outcome, DPP Muhammad Shukri Hussain said the court set Dec 9 for further case management to update the new judge who will preside over the legal action.
“He (Justice Sequerah) is hearing the main (RM2.28 billion) 1MDB trial (against former prime minister Najib Abdul Razak).
“As this application (the 1MDB forfeiture suit against Obyu Holdings) is more or less is linked to 1MDB, Yang Arif (Justice Sequerah) feels it is not proper for him to hear the case (against Obyu Holdings),” Shukri told reporters after case management today.
Obyu Holdings is owned by Sarawak businessperson Bustari Yusof, known to be a close associate of Najib.
The government filed the forfeiture suit against Obyu Holdings over the 11,991 items of jewellery that police had seized from properties linked to Najib's family at the Pavilion Residences in Kuala Lumpur last year.
Apart from jewellery, the legal action also seeks to forfeit 401 watches, 16 watch accessories, 234 sunglasses, 306 handbags as well as RM114,164,393.44 in cash in multiple currencies.
Obyu Holdings was reportedly the owner of the condominium units linked to Najib's family members.
As to whether Justice Sequerah recused himself following an application from a party involved in the proceedings, Shukri said the judge made the decision on his own.
“It (the decision) was made on his own accord. No party had made an application (for Justice Sequerah to recuse himself). He was of the opinion that it would not be proper for him to proceed (on this case)," Shukri said.
Explaining further, the DPP said the judge made the recusal as even though the suit against Obyu Holdings was not 100 percent linked to the RM2.28 billion 1MDB case against Najib, they become more intertwined due to third-party claims by the former prime minister and three others over the assets and items sought to be forfeited in the suit.
“It (the forfeiture suit against Obyu Holdings) is not 100 percent to do (with the RM2.28 billion case against Najib) but when the third parties come in, then it has something (more to do) with 1MDB,” Shukri said.
On Sept 3, Najib, his wife Rosmah Mansor, Lebanese jeweller Global Royalty Trading SAL, and political party Umno had announced to the High Court in Kuala Lumpur their third-party claims to the assets and items sought to be forfeited in the legal action against Obyu Holdings.
In today’s matter against Obyu Holdings, counsel Syahirah Hanafiah acted for Najib.
Meanwhile, when met after the matter today, counsel David Gurupatham confirmed the Dec 9 case management date to update the new judge who will preside over the suit.
The lawyer added that his client, Global Royalty Trading, was applying to inspect the items and assets sought by the authorities in the 1MDB forfeiture suit against Obyu Holdings.
Gurupatham said that once the issue of a new judge to hear the main suit against Obyu Holdings is settled on Dec 9, the Lebanese jeweller’s inspection application can be brought before the said new judge and a hearing date be fixed.
Global Royalty Trading was also represented by counsel Chang Kai Ping and R Venothani.
Bustari himself is the respondent in a separate 1MDB forfeiture suit targeting RM11.9 million that is allegedly linked to the scandal-ridden sovereign wealth fund 1MDB.
During case management on the RM11.9 million 1MDB forfeiture suit against Bustari, also today, Justice Sequerah fixed Nov 15 to hear whether the Attorney-General’s Chambers (AGC) had accepted a letter of representation from Bustari.
Under the law, a letter of representation is undertaken to appeal against legal action by, for example, surrendering an amount less than that sought in a civil forfeiture suit by the government.
DPP Mahadi Abdul Jumaat confirmed this development in the judge’s chambers today.
“We have not received instructions from the attorney-general but we have received the letter of representation and are now perusing it. The AG is currently overseas.
“The next date (for case management) before Sequerah is on Nov 15 (to update the court) on the letter of representation,” Mahadi told reporters later.
On Oct 4, Bernama reported that Bustari would be filing a letter of representation to try resolve the RM11.9 million 1MDB forfeiture suit against him.
Counsel Hisyam Teh Poh Teik, who appeared for Bustari in today’s case management, confirmed that the court set Nov 15 for further case management.
