The prosecution has failed to show any link between alleged monetary flow from 1MDB and the RM114 million belonging to Umno, the High Court in Kuala Lumpur heard today.
The political party’s lawyer Hariharan Tara Singh submitted that the prosecution failed to identify which of the funds that went into then Umno president Najib Abdul Razak’s account, was allegedly from 1MDB.
The lawyer was submitting during the hearing of third party claims in the government’s 1MDB-linked forfeiture suit against Obyu Holdings Sdn Bhd.
Umno is a third party seeking to stake a claim of RM114 million in the RM680 million forfeiture suit against Obyu Holdings.
The government is seeking to forfeit RM680 million in cash, jewellery and other assets seized from the Pavilion Residences in Kuala Lumpur.
Obyu Holdings is the owner of the condo units from which the assets were seized in 2018.
During proceedings before judge Muhammad Jamil Hussin today, Hariharan submitted that the investigating officer into the 1MDB affair made a wrong conclusion that the RM114 million was allegedly from 1MDB.
Superintendent Foo Wei Min was the investigating officer into the allegation of money laundering offences linked to the troubled sovereign wealth fund 1MDB.
'Investigating officer made the wrongful conclusion'
Hariharan contended that the investigating officer made the wrongful conclusion as the RM114 in cash was stored in 35 bags at the Pavilion Residences unit, which was the same place as other assets allegedly linked to 1MDB were seized.
The other assets found at the condo units were jewellery, watches and handbags, among others.
“From superintendent Foo’s investigation, he concludes that because the cash was found in 35 bags in the same place as the accessories (pieces of jewellery, watches and handbags), that it has automatic nexus with monies allegedly misappropriated from 1MDB.
“With all due respect, the conclusion of superintendent Foo’s investigation is absolutely astonishing and utterly illogical.
“As such, there is no evidence before this court of the nexus between monies allegedly misappropriated from 1MDB and the cash seized from Pavilion Residence,” Hariharan argued.
Previously before the court, the prosecution contended that Umno has a secret unaudited account to receive political donations.
The prosecution raised this point then to counter the third party claims by Umno and Najib for the RM114 million that is part of the RM680 million sought to be forfeited in the current legal action.
The prosecution claimed that this is because some of Umno’s own leaders denied having knowledge about the funds.
They claimed that the funds were proceeds from unlawful activities and originated from 1MDB.
Umno leaders could not have known
During proceedings, Hariharan also submitted that Umno leaders could not have known about dealings with the account because only the party president could know about such things.
The lawyer contended that it has always been the practice, since the late 1980s, that only the party president would be privy to what transpired in the account.
“That is the practice. And the other members of Umno or BN will not have access or knowledge of the amount (monies in the account) or where it is sourced from,” Hariharan said.
The lawyer also added that Najib, in his police report lodged in relation to the 2018 raid at Pavilion Residences, had denied that the funds were from 1MDB.
At the end of the proceedings, judge Jamil fixed March 29 for further hearing to allow the prosecution to counter-submit against arguments raised by the third party claimants, Umno and Najib.
On Sept 3, 2019, it was reported that Najib and Umno were among several third parties seeking to stake a claim in the forfeiture suit involving cash and jewellery seized by the authorities from Pavilion Residences in 2018.
The other third-party claimants in the forfeiture suit are Najib's wife Rosmah Mansor and Lebanese jeweller Global Royalty Trading SAL. - Mkini
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