Azmin seeks judicial review to compel IGP to detain Jho Low
Selangor Menteri Besar Azmin Ali has filed an application for a judicial review to compel inspector-general of police Khalid Abu Bakar to locate and arrest corporate figure Jho Low, who has been implicated in the 1MDB scandal.
He also wants Jho Low, whose real name is Low Taek Jho, to be produced before a magistrate in the country to face criminal charges under Section 409 (for criminal breach of trust) and 420 (cheating) under the Penal Code.
Azmin, who is also PKR deputy president, filed the application with the Kuala Lumpur High Court to grant leave this afternoon.
Selangor Menteri Besar Azmin Ali has filed an application for a judicial review to compel inspector-general of police Khalid Abu Bakar to locate and arrest corporate figure Jho Low, who has been implicated in the 1MDB scandal.
He also wants Jho Low, whose real name is Low Taek Jho, to be produced before a magistrate in the country to face criminal charges under Section 409 (for criminal breach of trust (CBT)) and 420 (cheating) under the Penal Code.
Azmin, who is also PKR deputy president, filed the application with the Kuala Lumpur High Court to grant leave this afternoon.
The application was filed through the law firm of Daim and Gamany.
Previously, it was reported that Azmin had sent a letter of demand to Khalid but the latter told the menteri besar to take the matter to court if he wanted to.
In his supporting affidavit, Azmin alleged Jho Low committed several offences including CBT and cheating involving 1MDB, a company wholly owned by the Malaysian government and directed to create investment and development projects for the economic benefit of the Malaysian people.
He said at all material times 1MDB was the beneficial owner of US$3.657 billion, of which US$1.367 billion was meant to be transferred to a company called Aabar Dubai. However, he added in 2012, Jho Low and his associates transferred the amount to Aabar BVI (British Virgin Island) which has nothing to do with Aabar Dubai.
The PKR deputy president said at the time of the transfer, Jho Low received the consent of Prime Minister Najib Abdul Razak, for the disposal of the monies.
Alternatively, Azmin pleaded that Jho Low dishonestly induced the 1MDB board to pay Aabar BVI a sum of US$1.367 billion, causing the members of the board to believe that Aabar of Dubai and Aabar BVI were one of the same entity.
The Selangor MB further detailed that between 2009 and 2011, the Penang born businessperson caused 1MDB to pay US$1.03 billion to the company Good Star which he controlled, and in 2013, Jho Low caused 1MDB to pay US$1.26 billion to Tanore Finance Corporation, a company controlled by Tan Kim Loong, who is Jho Low's agent.
He further claimed Tan is now at large and absconding on the payments.
The Selangor MB further listed that US$36 million of US$1.367 billion paid to Aabar BVI was allegedly misappropriated by Jho Low through Blackstone Asia Real Partner between May 2012 and December 2012, where Blackstone is again, controlled by Tan.
"Out of the US$36 million, a sum of US$30 million was transferred to Najib sometime around Oct and Nov 2012 where the PM, who is also the 1MDB board of advisors chairperson, is not entitled to receive the 1MDB monies.
“Accordingly, Jho Low acted dishonestly in causing 1MDB wrongful loss and Najib wrongful gain,” said Azmin in his affidavit in support of the application.
He further claimed of the US$1.03 billion paid to Good Star, US$24.5 million was paid two individuals and these two persons then transferred sometime in Feb to June 2011, the said sum to Najib.
“Of the sum of US$1.26 billion paid to Tanore Finance, a sum of US$681 million was transferred to Najib, where the aforesaid transactions were in respect of monies belonging to 1MDB, and in respect, the recipients had no right or title whatsoever,” Azmin stated.
Azmin said he would rely on the documents filed by the United States Department of Justice and based on the information, the IGP has all the information needed in his possession to conclusively determine Jho Low committed CBT on 1MDB monies.
He further claimed that the IGP knew about Jho Low's whereabouts and it was within his power to arrest him.
“The IGP is under a duty under the Police Act 1967 to apprehend Jho Low and in an interview, the IGP had given a statement that the matter is still under investigation. This patently cannot be true because all the material evidence is already in possession of the IGP,” he said in the affidavit.
Speaking to reporters after the filing, Azmin said that he filed the action, not for personal purposes but to remind the IGP and to ensure the latter does his job so that those involved in crime in Malaysia are brought to justice.
“I cannot accept the reason that the matter is still under investigation as the world says 1MDB is involved while Malaysia says they are still investigating. We must bring Jho Low back, so open and transparent investigations are held,” he said.
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