The Sarawakian had launched his appeal a day before his scheduled execution.

Kho had challenged the involvement of Justice of Appeal Andrew Phang in two of his previous appeals in 2010 and 2013.

Lawyer Gino Singh argued JA Phang’s involvement in the 2013 appeal essentially involved the judge deliberating over an appeal against his own decision – the one made in 2010.

In both appeals, Kho was sentenced to death.

Kho’s last-minute motion was heard before five judges sitting in the Court of Appeal – including Phang, who disputed Kho’s claims of bias, Channel NewsAsia reported.

Gino Singh argued Phang’s involvement could result in a possible conflict of interest and bias.

Kho, 31, was sentenced to hang in 2010 for killing a man by striking his head with a tree branch in a botched robbery attempt. The victim died six days later.

Phang today urged counsel to be “fair, objective and logical.”