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 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.
“The findings must be made on surer grounds, on credible facts and admissible evidence.
“The applicant had therefore failed to satisfy the necessary ingredients of Section 409 and 411 of the Penal Code in this application.
“There would not be any proceeds of unlawful activities if the predicate offences have not been proven,” 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.
In relation to the dismissal of the forfeiture suit against Najib and 9 other respondents, Zaini noted that the government-applicant failed to call any officers from 1MDB and merely relied on the investigators’ affidavits.
“The evidence by the various personnel of 1MDB is crucial, which was clearly absent here.
“The investigating officers had in their affidavits merely come to their own conclusion based on insufficient evidence.
“They had for instance failed in some instances to identify the source of their information or produce the relevant documents to justify their findings.
“The failure of the applicant here to prove the predicate offences allegedly committed by the first respondent and the entities concerned should not be construed to mean that the first respondent and the entities are not culpable for the alleged shenanigans of 1MDB.
“I must stress that the findings here are only confined to this application. As I have mentioned earlier, the (criminal case) trial in respect of the affairs of 1MDB is still ongoing,” Zaini pointed out.
Addressing the forfeiture suit against Najib and his family, the judge pointed out no credible attempts were made by the applicant to show the link between alleged 1MDB-linked unlawful activities and the properties seized from various locations after the 14th General Elections in May 2018.
“No evidence has been proffered to show that the properties seized were bought using the monies in the first respondent’s bank accounts.
“The applicant had in fact admitted that some of the properties seized were gifts.
“The applicant had merely listed down the properties seized and their value, and in turn concluded that these respondents do not have the means to have such a huge amount of cash or purchase these properties based on their income, or the lack of it.
“The applicant surmised that the cash and properties concerned could have only been gained from the monies deposited in the first respondent's bank accounts.
“It is apparent that the applicant had only come to the conclusion based on presumption.
“This is insufficient as the applicant will need to credibly prove a direct link between the monies that were allegedly illegally gained, to the cash found and the properties bought.
“This evidence was clearly lacking. There was quite simply no nexus proven,” Zaini ruled.
Deputy public prosecutor Harris Ong Mohd Jeffery Ong represented the government in today’s proceedings.
Counsel Nur Syahirah Hanapiah appeared for Najib, while lawyer Azamuddin Aziz represented the other members of the former prime minister’s family.
