KUALA LUMPUR: Datin Seri Rosmah Mansor failed to haul the police and the government as third parties in her US$14.57 million lawsuit filed by Lebanese jeweller Global Royalty Trading SAL.
High Court judge Ong Chee Kwan dismissed her application on the grounds that neither party (police and government) was responsible for compensating the wife of incarcerated former prime minister Datuk Seri Najib Razak.
He said the applicant (Rosmah) can file a separate civil suit against the police and the government for any alleged losses suffered.
Rosmah's lawyer Reza Rahim confirmed this after the hearing of the case today.
"The court did not allow our application to make the police and the government a third party to the suit on the basis that the police and the government are prima facie, not joint tortfeasors and owe no duty of indemnity to Rosmah.
"However, we are free to file a fresh civil suit for any losses which may have been suffered as a result of the actions of the police and government separately," he said.
Reza said they will soon file an appeal against the decision.
The suit was filed by Global Royalty against Rosmah to recover the jewellery seized by police from two condominium units linked to Najib in the upmarket Pavilion Residences here five years ago.
Rosmah in her defence claimed she had taken all reasonable and prudent steps to ensure the safety of the jewellery.
The defendant (Rosmah) claimed she cannot be held responsible for the loss of the said jewellery as it was taken by the police through a legal operation.
She claimed her statement regarding the seizure of the jewellery by police is true and meritorious, as one of the said jewellery was found in police possession.
Global Royalty, however, contended that Rosmah does not have a meritorious defence and her denials are merely bare denials.
The company filed the suit on June 26, 2018 to compel Rosmah to return the jewellery it had sent to her for viewing, including a diamond necklace, earrings, rings, bracelets and a tiara, each worth between US$124,000 and US$925,000.
In its suit, Global Royalty claimed that on Feb 10, 2018, it sent 43 pieces of jewellery including diamond necklaces, earrings, rings, bracelets and tiaras, each worth US$124,000 (RM519,183) to US$925,000 (RM3.8 million), to the defendant through hand-carry courier via its two agents.
It also claimed that Rosmah, in a letter dated May 22, 2018, also confirmed and acknowledged receiving the jewellery but said all the jewellery were no longer in her possession, and that it had been seized and was being kept by Malaysian authorities.
On Oct 23, 2019, Global Royalty decided to withdraw the claim and instead focus on intervening in the government's forfeiture proceedings against OBYU Holdings Sdn Bhd, the owner of the property from which 12,000 pieces of jewellery were seized by the police.