KUALA LUMPUR (May 10): Datin Seri Rosmah Mansor faces another legal action, this time revolving around from 1Malaysia Development Bhd (1MDB), SRC International Sdn Bhd and subsidiaries over luxury goods that were allegedly obtained through misappropriated funds.
They plantiffs claim that the luxury goods — jewellery, watches and handbags — amounting to about US$350 million, had been purchased by or for Rosmah, not with her own money but with monies from the companies and that she had among others, unjustly enriched herself with.
According to court documents filed on May 9, Rosmah, along with Shabnam Naraindas Daswani (also known as Natasha Mirpuri), were named as defendants. The plaintiffs claim that Shabnam Naraindas had purchased or procured the luxury items on behalf of the wife of imprisoned former prime minister Datuk Seri Najib Razak.
Per court documents obtained through the e-filing system, the plaintiffs claim that funds from 1MDB and its subsidiaries were channelled to various offshore entities. From there, monies were paid out to 48 different vendors in about 14 jurisdictions for the various high-end items.
“A total of 320 such payments totalling US$346,010,489 were made,” the companies said in their pleadings filed by their lawyers, Messrs Lim Chee Wee Partnership.
They also claim that the goods sought were all “traceable substitute” of 1MDB and its subsidiaries’ trust property. Therefore, they have an equitable proprietary interest in the luxury goods.
There are a total of 11 plaintiffs in this suit. Besides 1MDB and SRC, the others include 1MDB Energy Holdings Ltd, 1MDB Energy Ltd, 1MDB Energy (Langat) Ltd, Global Diversified Investment Company Ltd (formerly 1MDB Global Investments Ltd).
The offshore entities, which were also plaintiffs in this legal action, are Affinity Equity International Partners Ltd, Alsen Chance Holdings Ltd, Blackrock Commodities (Global) Ltd, Blackstone Asia Real Estate Partners Ltd and Brightstone Jewellery Ltd.
All these offshore entities are currently in liquidation. Some of them are linked to Eric Tan, fugitive Low Taek Jho’s (Jho Low) close associate.
Among others, the plaintiffs are asking Rosmah to return any of these items in her possession and to pay a sum of US$346,010,489, or an amount to be assessed by the court. They also want the second defendant to pay them a sum to be determined by the court.
They are also seeking damages or fair compensation to be determined by the court. Case management for the matter has been set for May 24.
Rosmah lawyers say no statement of claim received so far, urges all parties to refrain from speculation
Messrs Reza Rahim & Rajivan, who is representing Rosmah in the suit, said it has only been served a copy of the writ without a statement of claim (SOC). The SOC generally details the plaintiff's claims and reliefs sought.
"We urge all parties to refrain from speculating on the matter and from making and/or publishing any statements on the same," the firm said in a brief statement, adding it will release a longer statement on Rosmah's legal position once the SOC is received. The firm is also representing Rosmah in several other court cases.
In a separate letter to the court, they have asked for this matter to be heard before High Court judge Atan Mustaffa Yussof Ahmad, who is also presiding over another 1MDB civil matter against Najib.
Rosmah is currently embroiled in another civil action involving jewelleries that is slated to go to trial.
In that suit, Lebanese jeweller Global Royalty Trading SAL is suing Rosmah for breach of contract over 43 pieces of jewellery which are allegedly missing, following a raid by the authorities in 2018. Among others, they are seeking US$14.57 million (RM67.46 million) from her.
As part of her defence, Rosmah had contended that if the 43 pieces of jewellery were lost, the police or the Malaysian government should be made responsible for the losses.
Prior to this, the Malaysian authorities had filed forfeiture proceedings following a raid to two properties in Pavilion condo.
However, the application was dismissed by the High Court, as it was not proven that the items — which included handbags, jewellery, watches and RM114 million in cash of various foreign nominations — were proceeds from unlawful activity, namely of 1MDB.
The prosecution did not appeal.