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Friday, May 24, 2024

Rosmah to file defence against 1MDB's US$346m jewellery suit

Rosmah Mansor is set to file by July 4 her statement of defence against 1MDB’s US$346 million (RM1.63 billion) lawsuit against her for allegedly receiving jewellery and other luxury goods bought with embezzled funds from the Malaysian sovereign wealth fund.

Her counsel Mohamed Baharudeen Mohamed Ariff said these are among the directions by the Kuala Lumpur High Court during this morning’s case management of the civil action.

The lawyer said the wife of incarcerated former premier Najib Abdul Razak had earlier entered her appearance against the suit.

“(Following today’s) case management, (the civil court set for) the statement of claim (of the suit) to be filed (by 1MDB) on June 4, defence (by Rosmah) to be filed on July 4, and reply (by 1MDB) to the defence to be filed by Aug 2.

“The next case management via Zoom is on June 14,” the counsel told Malaysiakini.

‘Equitable proprietary claim’

On May 9, 1MDB and 10 others filed the US$346 million writ of summons against Rosmah and one Shabnam Naraindas Daswani.

According to a copy of the writ, the 11 plaintiffs alleged that Rosmah received thousands of items of jewellery, watches and handbags procured by Shabnam, whereby the items were purportedly bought not with the duo’s own monies but with funds allegedly misappropriated from 1MDB and the other plaintiffs.

Besides 1MDB, four other plaintiffs comprised the fund's subsidiaries, namely 1MDB Energy Holdings Limited, 1MDB Energy Limited, 1MDB Energy (Langat) Limited, and Global Diversified Investment Company Limited.

The remaining plaintiffs constituted the fund’s former subsidiary SRC International Sdn Bhd, and five companies in liquidation, namely Affinity Equity International Partners Limited, Alsen Chance Holdings Limited, Blackrock Commodities (Global) Limited, Blackstone Asia Real Estate Partners Limited and Brightstone Jewellery Limited.

The plaintiffs said their claim is premised on “equitable proprietary claim and/or unconscionable or knowing receipt of trust property or its traceable proceeds and/or dishonest assistance in breach of trust or fiduciary duty and/or dishonest enrichment.”

They claimed that the funds were channelled through various offshore entities, including five of the plaintiffs now in liquidation, before being paid out to 48 different vendors in no less than 14 jurisdictions for the purchases of the luxury goods.

“A total of 320 such payments totalling US$346,010,489 were made,” they alleged.

Besides seeking an order to compel Rosmah to pay over US$346 million to them, the plaintiffs also seek for the civil court to compel her and the other defendant to pay damages or equitable compensation to be assessed later, aggravated and/or exemplary damages, among other reliefs sought.

Law firm Lim Chee Wee represented the plaintiffs. - Mkini

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