Link between Equanimity, 1MDB not raised in Jakarta court

A certified English translation of the South Jakarta District Court’s written judgement has confirmed that the it did not examine the ownership of the Equanimity superyacht and its alleged links to 1MDB.

Instead, the court merely examined technical matters pertaining the Indonesian police’s seizure of the vessel on Feb 28, in Teluk Benoa off the coast of Bali.

This is despite reports by Utusan Malaysia, New Straits Times, Berita Harian, and other publications last week claiming that the court had ruled that the Equanimity is owned by the company Equanimity (Cayman) Ltd, and had nothing to do with 1MDB.

“Pre-trial examination of the application of the illegality of the suspect’s determination shall only assess the formal aspect, i.e., whether there are at least two legal (preliminary) evidence, and does not enter the matter of the case.

“A pre-trial ruling granting the request for the unauthorised determination of the suspect shall not invalidate the authority of the investigator to determine the person concerned as a suspect again after fulfilling the minimum of two valid legal instruments, unlike the previous evidence relating to the matter per se,” judge Ratmoho ruled on April 17, citing a 2014 Constitutional Court precedent that spelled out the jurisdiction of district courts in pre-trial matters.

A pre-trial hearing in Indonesia is analogous to a writ of habeas corpus in common law jurisdictions, such as Malaysia. Among others, it examines whether authorities had “sufficient preliminary evidence” to detain a person under investigation, or whether procedures relating arrest, investigation, and detention had been followed. 

A certified translation of his written judgement was lodged at the California Central District Court by Equanimity Ltd’s lawyers yesterday, as part of an ongoing civil forfeiture suit initiated by the US Department of Justice.

Malaysiakini has sighted a copy of the document.

'Not raised in court'

When contacted on April 18, one of Equanimity Ltd’s lawyers in Jakarta, Rando Purba, confirmed that neither Equanimity’s ownership nor its alleged links to 1MDB were raised in court.

On Feb 28, the Indonesian police had boarded and seized the Equanimity as part of a joint operation with the US Federal Bureau of Investigation, pursuant to an arrest warrant issued by the California Central District Court in June last year.

The DOJ alleges that the US$250 million vessel was bought with funds allegedly misappropriated from 1MDB and laundered through the US financial system, and is beneficially owned by tycoon Low Taek Jho through a series of intermediaries, including Equanimity Ltd.

Equanimity Ltd had challenged the seizure of the vessel in the South Jakarta court and won.

Ratmoho ruled that the seizure was invalid, as it did not follow the procedures for rendering mutual legal assistance to foreign governments, and ordered the vessel to be returned to Equanimity Ltd.

In his 59-page translated judgement, he said the request by FBI legal attaché to Indonesia Joseph J Callahan on Feb 18 should comply with Law No 1 of 2006 on the Mutual Assistance on Criminal Matters, meaning that the request should have gone through the “the responsible minister in the field of law and human rights,” rather than the Indonesian police.

Ratmoho said the police had also “obviously” exceeded its authority by opening its own investigation on Equanimity, despite there being no offence committed in Indonesia. He added that the police should only have facilitated the FBI’s request by seizing the vessel and its contents.

Equanimity Ltd’s challenge at the Central California Central District Court is still pending, but it has agreed with the DOJ to sell the vessel. The parties disagree over how the sale should be conducted, however.

A check on the ship tracking service Marine Traffic shows that the vessel is anchored off the coast of Pulau Lombok, Indonesia, as of 1.56pm today. It is understood to be undergoing maintenance.

For the record, 1MDB had said that its funds are fully accounted for, while Low claims that the allegations against him are politically motivated and continues a pattern of “US global overreach.” - Mkini