Difficult to enforce 1MDB-linked order against PetroSaudi in UK, court hears
There is difficulty in trying to get enforcement in the UK over a Malaysian court prohibitory order against PetroSaudi International Limited, the High Court in Kuala Lumpur heard today.
DPP Muhammad Izzat Fauzan said that the Malaysian prosecution was informed of the difficulty in an email from the UK’s National Crime Agency (NCA) dated Aug 21...
There is difficulty in trying to get enforcement in the UK over a Malaysian court prohibitory order against PetroSaudi International Limited, the High Court in Kuala Lumpur heard today.
DPP Muhammad Izzat Fauzan said that the Malaysian prosecution was informed of the difficulty in an email from the UK’s National Crime Agency (NCA) dated Aug 21.
Izzat was referring to the hardship in trying to enforce the July 16 ad interim order by the High Court to prevent PetroSaudi International and four others from using over US$340 million (RM1.45 billion) allegedly linked to 1MDB.
The four others are the oil services company's director Tarek Obaid, PetroSaudi Oil Services (Venezuela) Limited (POSL), Clyde & Co LLP and Temple Fiduciary Services Limited (TFSL).
The temporary prohibitory order is to maintain the status quo of the parties until the final disposal of the main forfeiture suit.
On July 14, the Malaysian government filed the main forfeiture suit to recover US$340 million allegedly from 1MDB.
Izzat today informed the High Court on the prosecution’s intent for the 1MDB-linked forfeiture suit against PetroSaudi International and four others to be disposed of by the court as soon as possible.
The prosecution was also responding to an application by Tarek (above) and POSL's lawyers for the postponement of today’s scheduled hearing of the main forfeiture suit.
Lawyers Mohd Yusof Zainal Abiden and Alex Tan, acting for Tarek and POSL respectively, earlier today made the postponement application so that they could file an affidavit in reply to new issues raised in the prosecution’s affidavit linked to the suit.
Izzat informed judge Mohd Nazlan Mohd Ghazali that the difficulty in enforcing the order in the UK necessitated the main forfeiture suit before the Malaysian court be disposed of at the soonest date.
“The letter (dated Aug 21) was regarding their (NCA) trying to register the (Malaysian court) order (with the UK court).
"There was a predicament in how to get the order enforced in the UK (against PetroSaudi International and four others),” Izzat said.
He claimed that there was a risk of money being moved out of the accounts in the UK, hence the need for an expedited hearing date for the main forfeiture suit.
Izzat added that what happened in the UK regarding the attempt to register the order is outside the control of the Attorney-General’s Chambers, hence the need for an expedited hearing of the forfeiture suit to prevent prejudice to the prosecution.
However, Tan countered that there would be no prejudice to the prosecution as there has not been any movement of money from the accounts in the UK.
“I believe there has not been a movement of the funds and it remains in the escrow accounts.
“My client complied with Your Lordship’s order (dated July 16). There is simply no basis to say (there was) prejudice against the applicant (prosecution).
“The ad interim order is in place until the final disposal of the (main forfeiture) application,” Tan said.
Yusof informed the court that it should not be concerned with the issue in the UK, and just fix a suitable trial date.
Nazlan then set Sept 15 for the hearing of the main forfeiture suit.
The judge also fixed Sept 9 for the respondents to file affidavits in reply, with the prosecution to file any final affidavit in reply on Sept 11.
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