PUTRAJAYA (Sept 23): Datin Seri Rosmah Mansor must pay RM67.5 million to Lebanese jeweller Global Royalty Trading SAL for more than 40 pieces of jewellery allegedly missing after a 2018 police raid.
This comes as the appellate court on Thursday dismissed Rosmah's appeal against the High Court's conditional stay — that the money has to be deposited into a stakeholder account within a month from the Aug 12 judgement date. Rosmah has yet to make the payment.
Rosmah had appealed the conditional stay, seeking instead to completely pause the payment, pending the disposal of her main appeal.
A three-member Court of Appeal (COA) panel chaired by Datuk Seri Mohd Firuz Jaffril has unanimously dismissed the appeal as there were no grounds that warranted an unconditional stay.
Firuz, who sat with COA judges Datuk Amarjeet Singh Serjit Singh and Datuk Aliza Sulaiman, also said that Thursday's decision would make it clear, once and for all, that there was no clash in executing this decision and Rosmah's undertaking in 1Malaysia Development Bhd (1MDB)'s case against her.
The court awarded cost of RM30,000.
Rosmah contends assets tied to 1MDB-linked case, jeweller rebuts that evidence in court over assets is sparse
Rosmah's counsel, Reza Rahim from Messrs Reza Rahim & Rajivan, had, among others, argued that his client's assets are tied to 1MDB's US$350 million (RM1.6 billion) suit against her. She had given an undertaking on June 14, 2024, not to dispose of the luxury goods in her possession worth about RM600 million, that are purportedly linked to 1MDB's claim.
Datuk David Gurupatham of David Gurupatham & Koay, acting for the Lebanese jeweller, countered that the value of the assets in the 1MDB case has yet to be crystalised.
"It is also yet to be proven that she owns these [pieces of] jewellery [which are subject of the suit]. This court cannot act on speculation. The court cannot make the presumption that RM666 million, or even RM6 million, is available because every single piece of [jewellery] is subject to verification as to the owner of the title," he said.
He added that Rosmah has not only yet to comply with the conditional stay order, but she has also yet to pay the RM75,000 of cost awarded by the High Court.
He also added that Rosmah had only produced a document from Affin Bank at the High Court saying that she had RM100,000 in an account which is dormant.
"So, unless [Rosmah] has been living on fresh air and the goodwill of the people, the account cannot be accepted as evidence," he argued.
COA notes undertaking on 1MDB case only limited to agreed list of items, Rosmah's full assets not disclosed
At the onset of its decision on Thursday, Firuz said that given that the caveat in the stay order had not been met, coupled with the lack of an application asking for an extension of time to make the payment, these in themselves would ordinarily be grounds for dismissal.
However, Firuz said that they exercised the court's discretion to hear the matter to determine the alleged clash between the conditional stay and the undertaking made in another case.
He stressed that the undertaking in the 1MDB case was only limited and restricted to a list of assets agreed upon by parties.
"No undertaking was given in court to disclose any other assets belonging [to Rosmah]," he said, adding that the extent of Rosmah's assets, be it other bank accounts or even, say, properties, is not before any court.
He said that the panel also took into account that the Attorney General's Chambers did not object to Rosmah's application.
At the High Court, Judicial Commissioner Marianne Antoinette Ghani, who had granted the conditional stay, said that a conditional stay would strike a balance, as Global Royalty, as the successful litigant, is assured the fruits of its successful litigation, while ensuring that Rosmah's rights of appeal will not be rendered nugatory should her appeal be allowed.
Rosmah is seeking a stay on an earlier decision by the High Court in June, which had found her liable for 43 “missing” pieces of jewellery consigned to her by Global Royalty Trading SAL back in 2018.
High Court judge Datuk Quay Chew Soon had ordered Rosmah to pay Global Royalty RM67,461,027.37 and also dismissed her third-party claim against the Inspector General of Police and the government.
Rosmah claimed that the jewellery, seized in a police raid after the 2018 general election, had been in the possession of the authorities at all material time. If the jewellery were lost, she said the police or the Malaysian government should be made responsible for the losses.
Only one piece of jewellery from the 44 was recovered and returned to Global Royalty.
This main appeal is scheduled to be heard on March 25, 2027.
Speaking to the press following Thursday's decision, Gurupatham said that his client “can and is willing and able” to collect “every cent” of the judgement sum.
Venothani Rajagopal also appeared alongside Gurupatham for this case.