KUALA LUMPUR (June 14): Datin Seri Rosmah Mansor has given an undertaking to the court that she will not dispose of the luxury goods in her possession that are purportedly related to 1Malaysia Development Bhd (1MDB)'s US$350 million (RM1.6 billion) suit against her.
With reference to the temporary court order, the undertaking is made without admitting liability and pending further confirmation from her legal team regarding the nearly 12,000 luxury items 1MDB claims were purchased through the misappropriation of its funds.
"[Rosmah] hereby undertakes not to dispose of any jewellery items, handbags, watches and spectacles currently in her possession or control, subject to confirmation that these items are items in Schedule A," read the order.
The court order, which was recorded before High Court Judge Adlin Abdul Majid on Friday (June 14), will remain until the full disposal of 1MDB's application for injunction orders barring Rosmah from removing or disposing of any of her assets up to the amount of nearly US$350 million.
Parties were initially slated to set a date for an inter partes hearing of the injunction application on Friday.
However, on the onset of the proceedings, Rosmah's lawyers Tan Sri Muhammad Shafee Abdullah and Reza Rahim informed the court that as they had only received the voluminous documents needed from the plaintiffs a few days ago, at this juncture, they could not confirm what items were in Rosmah's possession and what were not.
They also highlighted that they are contemplating filing an application to strike out the entire suit as the items targeted in this civil action may overlap with the forfeiture proceedings brought by the Malaysian authorities following a raid on two properties in a condominium at Pavilion Kuala Lumpur, after the 2018 general election.
That forfeiture application, however, was dismissed by the High Court, as it was not proven that the items were proceeds from unlawful activity, namely of 1MDB. The prosecution did not appeal.
Rosmah is the wife of imprisoned former prime minister Datuk Seri Najib Razak.
Rosmah plans to file application to recuse Judge
Rosmah's lawyers also informed the court that they will be filing an application to recuse Adlin from hearing the matter. This application will be heard on Aug 26 and has to be disposed of first before parties move on to the injunction hearing to be scheduled at a later date.
Judge Adlin also reminded all parties on Friday that as this was a commercial matter, they needed to be cognisant that it has to be dealt with in a timely manner.
1MDB was represented by Datuk Lim Chee Wee and Lee Shih.
A total of 11 plaintiffs, including SRC International Sdn Bhd, filed the civil action, claiming that monies from the companies were channelled to various offshore entities, and later paid to 48 vendors in 14 jurisdictions for the luxury goods. They claim that there were a total of 320 such payments.
The companies also claim that they have equitable proprietary interest in the luxury goods.
Rosmah is being sued along with Shabnam Naraindas Daswani (also known as Natasha Mirpuri), who the plaintiffs claim purchased or procured some of the luxury goods for Rosmah.
They are asking Rosmah to return any of these items in her possession, and to pay a sum of about US$350 million or an amount to be assessed by the court. They also want Shabnam 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.
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