KUALA LUMPUR (Aug 26): Former 1Malaysia Development Bhd (1MDB) president and chief executive officer Arul Kanda Kandasamy on Tuesday filed an affidavit to support his request for access to settlement agreements between the US Department of Justice (DOJ) and fugitive Low Taek Jho (Jho Low).

This is part of his defence in 1MDB’s US$6.59 billion civil suit against him and ex-Treasury secretary general Tan Sri Mohd Irwan Serigar Abdullah.

Arul said the 2019 and 2024 DOJ-Jho Low settlement deals, along with records of money recovered by the Malaysian government, are important for his case.

Among the documents sought are:

Arul argued that 1MDB should have disclosed the settlement agreements, which were made without any admission of guilt. He said 1MDB relied on the DOJ’s forfeiture actions to claim money was misused, but did not reveal that those cases were settled.

Citing a 2019 New Zealand High Court decision in FFP Trustee (NZ) Ltd v Peng, Arul said the judgment made reference to a “comprehensive global resolution” negotiated by the DOJ and various parties, valued at approximately US$700 million.

He said this demonstrated that the forfeiture proceedings were settled without any findings of wrongdoing.

“The plaintiff should have disclosed these settlement agreements but has clearly suppressed these details as it would have a significant impact on the plaintiff’s case on these issues of liability as well as quantum,” said Arul.

Arul said in his affidavit that during his cross-examination this year, lawyer Datuk Lim Chee Wee asked about US$700 million allegedly diverted to Good Star Ltd, linked to Jho Low. Arul agreed that reports and DOJ claims showed the money went to Good Star’s account. But he stressed that this was only an allegation in the DOJ’s filings and not an established finding in a court of law.

He noted that during cross-examination, the plaintiff’s counsel suggested there had been no trial because all the properties had been forfeited. Arul maintained that this was misleading, as the properties were in fact surrendered under the aforementioned settlements and concluded without admission of liability.

“It is clear from the Statement of Claim and during my cross-examination that the position taken by the plaintiff is that there was no trial because all the properties were forfeited. However, this was not true as a settlement without admission to liability or guilt was reached,” Arul said.

He further alleged that 1MDB and the Malaysian government have already recovered the sums in dispute, and accused them of pursuing a “double claim” by continuing the action against him.

“The documents will show that despite knowing of the settlement between the US DOJ and Jho Low in 2019, the plaintiff pursued this claim against me in 2021 for the same funds that were recovered by the US DOJ,” he said.

Arul annexed to his affidavit DOJ press statements dated October 2019 and June 2024, as well as a June 2024 report by Channel News Asia. He also referenced recent articles in The Straits Times (Aug 14, 2025) and Reuters (Aug 23, 2023), which reported on Malaysia’s asset recovery efforts.

He argued that the plaintiff is privy to these agreements and recovery details, and therefore must disclose them.

At the High Court on Tuesday before judge Datuk Raja Ahmad Mohzanuddin Shah Raja Mohzan, Arul’s lawyer Adam Lee told the judge that they had filed the affidavit and are requesting the documents.

Raja Ahmad agreed to this but cautioned that the trial has already gone on for 40 days and he intends to wrap up proceedings in the next four scheduled dates.

“I would like to take the application, but I also would like to finish the trial in the remaining four days we have left,” he said.

The trial will resume on Sept 10, where the court will deal with the discovery application by Arul.