A case over identification of jewellery

0

KUALA LUMPUR: The government has until May 2019 to verify whether 44 pieces of jewellery worth US$14.79 million (about RM60 million) which were allegedly sent by a Lebanese jeweller to Datin Seri Rosmah Mansor have been seized by the police, it was learned yesterday.

Supt Foo Wei Min, head of the Bukit Aman Special Investigation Division for Money Laundering, said in an affidavit that in May this year, about 12,000 pieces of jewellery were seized by the unit in raids on premises linked to Rosmah’s husband and former prime minister Datuk Seri Najib Tun Razak.

He said that as to whether the 44 pieces of jewellery mentioned in the suit brought by the Lebanese jeweller, Global Royalty Trading SAL, formed part of the seized jewellery, “we are not yet in a position to state on oath as we still have six months until May 2019 to verify with the assistance of an expert”.

“I am aware that Section 56 of Act 613 provides that where any property is seized under the Act and there is no prosecution or conviction for an offence of money-laundering, the public prosecutor may, before the expiration of 12 months from the date of seizure, apply to a judge of the High Court for an order of forfeiture of that property. The 12 months statutory period expires in May 2019,” he said, adding that to date, the investigations are still ongoing.

On Oct 11, High Court Judicial Commissioner Wong Chee Lin ordered the government to file an affidavit to confirm whether the 44 pieces of jewellery which were allegedly sent to Rosmah by the Lebanese jeweller had been seized by the police.

When met after the proceedings in chambers before Wong here yesterday, lawyer Datuk G. David, who acted for Global Royalty Trading, said the court has given more time for them to confirm whether the 44 pieces of jewellery have been seized by the police.

Senior Federal Counsel Alice Loke Yee Ching acted for the government while N. Rajivan appeared for Rosmah. The court fixed Feb 11 next year for case management.

Also on Oct 11, Wong dismissed an application by Rosmah, named as the defendant in the suit brought by Global Royalty Trading, to strike out the suit without hearing submissions from all parties.

However, she said, Rosmah could file a fresh application to strike out the suit after it has been proven that the pieces of jewellery have been seized.

The government was named as the second defendant in the suit after it succeeded in its application to be an intervenor. Initially, Rosmah was the sole defendant.

The government had sought to be part of the Global Royalty Trading suit against Rosmah on the grounds that the jewellery belonged to the government and was bought with stolen money.

Global Royalty Trading sued Rosmah on June 26, demanding that she return the 44 pieces of jewellery allegedly sent to her for viewing or to pay the price for all the items totalling US$14.79 million (about RM60 million).

In its statement of claim, the international wholesale jeweller claimed that Rosmah had been a longstanding customer and that the firm would send consignments of jewellery to her on request. She would then evaluate or purchase the items of her choice which she would pay for on her own or through a third party.

The firm, which has been supplying jewellery for royalty and the rich and famous from all over the world, claimed that the items not chosen would normally be returned and, in certain situations, Rosmah would borrow the jewellery and return it to the plaintiff.

The plaintiff also claimed that the defendant would receive the jewellery personally or through its personnel/agent in Kuala Lumpur, Singapore or Dubai. The firm claimed that on Feb 10 this year, it had sent 44 pieces of jewellery, including a diamond necklace, earrings, rings, bracelets and a tiara, each worth between US$124,000 and US$925,000 to the defendant by hand through two of its agents.

The plaintiff said that during the handover, the defendant also acknowledged and accepted the terms and conditions stated in a memorandum (Memorandum No. 926) relating to the items.

Global Royalty Trading claimed that Rosmah, in a letter dated May 22, also confirmed and acknowledged receiving the items, but said the items were no longer in her custody as they had been seized and were now under the custody of the Malaysian authorities.

The firm claimed that at all material times, the plaintiff was the owner of the jewellery and the ownership had never been transferred to the defendant.

Global Royalty Trading is seeking a court declaration that the firm is the legal owner of the 44 pieces of jewellery, and an order stating that the ownership of the items was never transferred to the defendant.

It also seeks a mandatory order for Rosmah to provide the list of jewellery seized, an order for the jewellery to be returned or, if not, Rosmah shall be held responsible for paying the price for the items totalling US$14.79 million (about RM60 million).

Rosmah, in her statement of defence filed on July 23, denied purchasing any of the 44 pieces of jewellery and said they were delivered for her viewing by virtue of the fact that she was the wife of the prime minister of Malaysia on the plaintiff’s own accord and volition and without there being any obligation for Rosmah to purchase the jewellery. — Bernama