There is no evidence showing a link between the bank transactions of a former Goldman Sachs banker and his wife and that of 1MDB, the Kuala Lumpur High Court heard today.
Lawyer Tan Hock Chuan submitted that the affidavits of two investigating officers into the 1MDB affair alone do not provide proof of such linkage involving Roger Ng and his wife Lim Hwee Bin.
Tan is acting for Ng and Lim during today’s hearing of the government’s 1MDB-linked forfeiture suit against the couple and 16 others.
Among the 16 other respondents are former prime minister Najib Abdul Razak and his family.
Tan’s submissions today were in regard to the prosecution’s assertions over 13 transactions in the bank accounts of Ng and Lim between Aug 7, 2015, and Aug 17, 2018.
The transactions involve millions of ringgit, in Malaysian ringgit as well as Singaporean dollars, in both Malaysian and Singaporean accounts.
Among those was a payment of RM85,864.21 to the Inland Revenue Authority of Singapore on May 21, 2018, and RM13,737.50 as a dividend from company shares on Aug 17, 2018.
The forfeiture suit hinges on the affidavits of Assistant Commissioner R Rajagopal and Superintendent Foo Wei Min, regarding the alleged money trail involving funds going out of troubled sovereign wealth fund 1MDB.
In his submissions, Tan argued that the allegations in the affidavits amounted to bare assertions backed by no prima facie evidence.
The lawyer contended as an example that Rajagopal’s affidavit regarding the alleged 1MDB monetary trail shows no linkage to Ng and Lim’s accounts.
“The applicant fails to prove on the balance of probabilities that the bank accounts of R14 (14th respondent Ng) and R15 (15th respondent Lim) that these are the subject matter of an offence under Amla (Anti-Money Laundering Act) or proceeds from illegal activity,” Tan said.
The lawyer then sought for the court to dismiss the forfeiture suit against Ng and Lim.
Hearing before judge Mohamed Zaini Mazlan will resume on April 5.
On May 8, 2019, the Attorney-General’s Chambers (AGC) filed the 1MDB-linked forfeiture suit against Najib and 17 others, comprising individuals and companies.
The legal action is over the seizure involving hundreds of items including luxury handbags and 27 vehicles seized from the 18 respondents.
Najib was named as the first respondent, followed by his wife Rosmah Mansor, stepson Riza Aziz, son Nor Ashman Razak, and daughter Nooryana Najwa as the second, third, fourth, and fifth respondents respectively.
The others are Mohd Kyizzad Mesran, Senijauhar Sdn Bhd, Aiman Ruslan, Yayasan Rakyat 1Malaysia, Yayasan Semesta, Yayasan Mustika Kasih, Rembulan Kembara Sdn Bhd, Goh Gaik Ewe (the mother of fugitive businessperson Low Taek Jho), Ng, Lim, Kee Kok Thiam, Tan Vern Tact, and Geh Choh Hun.
Kee, Tan, and Geh are alleged associates of Low, or Jho Low, who is a key figure in the 1MDB matter.
Among the valuables seized on May 17, 2018, and on June 11, 2018, were 52 branded handbags, 10 watches, and cash in different denominations – RM187,750 in old notes, RM21,150 in new notes, £320,500 in old notes, £2,700 in new notes, US$100, €20, S$40, 2,870,000 Sri Lankan rupees, 13,177,00 rupiah, 376 hryvnias (the Ukrainian currency), 50 francs, 10 rands, 531 riyals, and 740 Philippine pesos.
Also seized on the same day were four branded watches, 171 high-end handbags, and 27 pairs of shoes, while 40 luxury handbags were confiscated on June 11, 2018.
On Aug 2, 2018, some 27 Nissan Urvan vehicles were also seized. - Mkini
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