Court dismisses 1MDB-linked forfeiture suit against Najib, family

 

The government failed in its 1MDB-linked forfeiture suit against former prime minister Najib Abdul Razak and several members of his family.

The Kuala Lumpur High Court this morning threw out the legal action against Najib, a few of his family members, and several other individuals and entities.

Judge Mohamed Zaini Mazlan ruled that the applicant failed to show a nexus (link) between alleged offences linked to 1MDB and the items seized from the numerous respondents.

The judge noted that this forfeiture suit required the applicant to produce voluminous documents and evidence from 1MDB personnel in order to strengthen the applicant’s case against the respondents.

“In considering numerous affidavits filed by the applicant over the alleged predicate offence, I find serious gaps in the series of events and allegations of fact.

“The applicant also in several instances failed to identify their source of information.

“The applicant came to a conclusion based on evidence which in my opinion was insufficiently produced in this application.

“The investigators merely showed alleged flow of money in and out of the first respondent’s (Najib) account. It is not enough to merely set out the flow of money.

“No doubt there is a huge amount of money that went into the first respondent’s account, which raised question marks.

“But I cannot find guilt based on suspicion alone,” Zaini ruled.

He noted, however, that the applicant’s failure to prove the link is only confined to the current forfeiture suit, as the issue of whether offences have been committed are still the subject of separate criminal trials.

In effect, this means the court today threw out the 1MDB-linked forfeiture suit against Najib, his wife Rosmah Mansor, his stepson Riza Shahriz Abdul Aziz (known as Riza Aziz), son Nor Ashman Razak, and daughter Nooryana Najwa.

Today was set for a court decision in the 1MDB-linked forfeiture suit.

On May 8, 2019, the Attorney-General’s Chambers filed the 1MDB-linked forfeiture suit against Najib and 17 others comprising individuals and companies.

The legal action is over the seizure of hundreds of items, including luxury handbags and 27 vehicles, from the 18 respondents.

In the 1MDB-linked forfeiture suit, Najib was named as the first respondent, followed by Rosmah, Riza Aziz, Nor Ashman, and 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 (mother of 1MDB-linked businessperson Low Taek Jho or Jho Low), former Goldman Sachs banker Roger Ng, lawyer Lim Hwee Bin, Kee Kok Thiam, Tan Vern Tact, and Geh Choh Hun.

Kee, Tan, and Geh are alleged associates of 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 rupiahs, 376 hryvnias (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 by the authorities.

[More to follow] - Mkini