Court allows 1MDB subsidiaries to serve notice of interrogatories relating to US$1.7m jewellery on Jho Low's mum
KUALA LUMPUR (Jan 9): The High Court has allowed subsidiaries of 1Malaysia Development Bhd (1MDB) to serve a notice of interrogatories on Puan Seri Goh Gaik Ewe, the mother of fugitive financier Low Taek Jhow (Jho Low), in relation to an ongoing lawsuit against her and five others.
In a ruling on Tuesday (Jan 9), judge Hayatul Akmal Abdul Aziz permitted the serving of the notice, which contains a series of nine questions concerning US$1.695 million (RM7.87 million) worth of jewellery, purchased with monies said to be traceable to the 1MDB subsidiaries, 1MDB Energy Ltd and 1MDB Energy (Langat) Ltd.
Goh — whose whereabouts are unknown — has a fortnight to provide her written reply by way of an affidavit, failing which she would be barred from defending herself in the proceedings. Her defence filed in January 2022 would be struck out and the plaintiff would be at liberty to apply and enter judgement against her.
Messrs Skrine's Siva Kumar Kanagasabai, who is acting for the plaintiffs, confirmed the matter with The Edge when contacted. Goh remains unrepresented in this case after the court allowed Messrs Valen, Oh & Partners in November 2022 to discharge itself from representing her.
Among the questions Goh has to answer are: if the jewellery were given to her by Jho Low, when were they given to her, and if the jewellery were transferred to the US and if so, why?
In their notice of interrogatories filed in October last year, the subsidiaries said that in her statement of defence, Goh had contended that she had entered into a settlement with the US Department of Justice (DOJ).
However, the plaintiffs said the claims over the jewellery by Goh were not addressed in the documents linked to the settlement and hence the need for this application.
"The interrogatories are relevant and necessary to ascertain the existence and whereabouts of the sum or the jewellery. [The application] will [also] narrow down the issues [and] bring the action to an end at an early stage, therefore save costs of the proceedings," the plaintiffs said in their application.
They were referring to the strategic development company's US$3 billion lawsuit filed in May 2021 against Jho Low, his mother, his father Tan Sri Larry Low Hock Peng, his brother Low Taek Szen, his sister Low May Lin and close associate Eric Tan Kim Loong. The six, whose whereabouts are unknown, are being sued for fraudulent concealment, fraudulent misappropriation of funds and unjust enrichment among others.
Besides 1MDB and the two subsidiaries, the other plaintiffs in this case are 1MDB Energy Holdings Ltd and Global Diversified Investment Co Ltd (formerly 1MDB Global Investments Ltd).
A Mareva injunction was imposed against Jho Low and Hock Peng in March 2022, effectively freezing their assets worth up to US$1.43 billion. They were also ordered to list their assets and current address to the plaintiffs' solicitors. Subsequently in October 2022, Hayatul ordered Jho Low and Hock Peng to be imprisoned for not abiding by the court order.
In late November 2022, the plaintiffs also secured a judgement in default against Jho Low, his father and brother Taek Szen.
A sum of almost US$2.8 billion in judgement was entered against Jho Low alone, while another sum of US$983 million was entered against Jho Low and his father. Separately, Taek Szen was ordered to come up with US$27.5 million.
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