Rosmah seeks to recuse judge from 1MDB US$346m jewellery suit

Rosmah Mansor contended that a judge presiding over 1MDB's US$346 million (RM1.63 billion) jewellery suit against her was a partner of a law firm that used to act for the Malaysian sovereign wealth fund.

The wife of incarcerated former premier Najib Abdul Razak made the contention in her affidavit in support of her application to recuse Kuala Lumpur High Court judge Adlin Abdul Majid from hearing 1MDB's civil action.

According to the recusal application and affidavit filed yesterday, Rosmah claimed that Adlin was a partner of law firm Lee Hishamuddin Allen & Gledhill from March 2011 until March 2021 (Adlin was elevated to the bench on April 1, 2021).

Rosmah stated her belief that the law firm was appointed as early as 2018 to act for 1MDB for the purported recovery of the fund's assets, citing mass media reports published between Aug 30, 2018 and June 4, 2021.

"My counsel has given me legal advice and verily stated that there is 'real danger of bias' and that in the interest of justice, it is appropriate for Adlin to withdraw from hearing this case before this honourable court and for the case to be transferred to another court to be heard by another trial judge," Rosmah said in the affidavit sighted by Malaysiakini.

The applicant pointed out that it is her basic right to a fair trial and that this right would be jeopardised if Adlin continues to hear 1MDB's lawsuit.

On June 14, Rosmah's counsel Reza Rahim informed the civil court that she would file the recusal application.

Adlin had then set June 26 to hear the bid for her to withdraw from the proceedings.

Writ of summons

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 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 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 purchasing 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.

Lim Chee Wee Partnership is acting for 1MDB and the other plaintiffs.

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