KUALA LUMPUR: The properties seized during a police raid at Pavilion Residence in 2018 were never related to 1Malaysia Development Bhd (1MBD), lawyer Tan Sri Muhammad Shafee Abdullah said today.
Speaking to reporters after today's proceeding, Shafee said the court's decision to strike out the government's application to forfeit RM114 million cash and various luxury items seized during that raid has proven the matter.
However, Shafee said some RM46 million had gone missing during the raid, which took place during Tun Dr Mahathir Mohamad's governance.
"Remember, money was recovered (during that raid). My client said that the amount there was actually RM160 million, not RM114 million.
"So somebody has stolen a sizeable amount of money because the police never counted it in a proper manner when packaging it into boxes.
"All these (seized items) were lumped as 1MDB money, which was headed by nothing less than (Tun Dr) Mahathir (Mohamad), who actually went and accused, in a completely false fashion, that this is confirmed.
"But now, we have various decisions made by the court, in which one of it is to release the cash to Najib because it has got nothing to do with 1MDB," he said.
However, he said, Najib had lodged a police report about the missing millions.
"We're asking the police to investigate the police. So it'll take some time.
"We have given them enough rope which which to hang themselves. We will take action, but it's just a matter of time," he said.
Earlier, the High Court dismissed the government's bid to forfeit 2,435 pieces of jewellery, seven Richard Mille watches, and 29 handbags that were seized during the raid.
On May 20 last year, the same court dismissed another government bid to forfeit RM114 million in cash that was seized on the same night in 2018.
Following today's decision, Shafee said the court has clearly decided that the prosecution has not proven the elements of predicate offence (illegal activity) in the lawsuit.
"The prosecution has identified the predicate offence of criminal breach of trust (CBT), retaining stolen property, which they claim was stolen from 1MDB.
"But the court threw it out because there is not an iota of evidence that shows that the money was illegally obtained proceeds of crime.
"So in short, what the whole nation was given as a shock, the international and national coverage where they (claimed) to have found the stolen money of 1MBD, some of it in Najib's apartment, which was borrowed from OBYU Holdings Bhd. This was to give you, what was probably known as the smoking gun.
"So now you know, it's entirely a lie that has been orchestrated by the government then, who is now the opposition. And they're running the same story during this particular campaign.. bear that in mind," he said.
Shafee also claimed that there are possibilities that the court-ordered items returned to Najib and his wife are not the items seized.
He said that the police who conducted the raid had absolutely no respect towards the couple, by damaging the items seized.
"They say these items are very expensive, and yet you cannot imagine, even using simple common sense, you don't have to go to school, you don't write with magic ink on a Birkin handbag.
"They have absolutely no respect, utter contempt for both Najib and Rosmah".