KUALA LUMPUR: Datin Seri Rosmah Mansor has filed a legal bid to recuse the High Court judge presiding over the US$346 million lawsuit filed against her by 1Malaysia Development Bhd (1MDB).
The wife of incarcerated former prime minister Datuk Seri Najib Razak, in her application notice, claimed the judge, Adlin Abdul Majid was a partner of a law firm that used to represent the sovereign wealth fund.
She claimed Adlin previously practiced as an advocate and solicitor at law firm Lee Hishammuddin Allen & Gledhill, where she was appointed as a partner between March 2011 and March 2021.
"The law firm was appointed as early as 2018 to represent the plaintiff (1MDB) in matters related to recovering of its assets.
"In fact, the media has reported that 'the law firm had previously received instructions to act for 1MDB in certain related proceedings.'
"Rule 6 of the Judges' Code of Ethics 2009 clearly states that 'a judge shall act at all times in a manner that promotes the integrity and impartiality of the judiciary.'
"The defendant asserts that the principles outlined in this rule will be compromised if the current judge continues to hear this matter.
"The defendant asserts that there is a 'real danger of bias' if the current judge presides over this matter, given that the plaintiff is a former client of her previous law firm," she claimed.
Rosmah is seeking for the judge to recuse herself, and for the case to be transferred to another court.
It was reported on May 10 that 1MDB and its subsidiaries have filed a civil lawsuit against Rosmah seeking US$346 million purportedly belonging to the company.
The company claimed that Rosmah allegedly amassed a massive collection of jewelry, handbags, and other luxury goods worth US$346 million using by its funds.
The company claimed that a total of 320 payments totalling US$346,010,498 were made to 48 different vendors in 14 countries between 2010 and 2014.
The plaintiffs claimed its funds which were to be utilised for investments in various ventures were instead wrongfully or fraudulently transferred out to entities registered in offshore jurisdictions which had no connection with or served no legitimate purpose in relation to the purported investment objectives.
The company asserted that the funds were routed through numerous offshore entities and bank accounts controlled by individuals, including Najib and his associates.
The plaintiffs are seeking a court order to compel Rosmah to pay US$346,010,489 or such other sum as to be assessed by the court.
They are also seeking damages or fair compensation to be determined by the court.
On May 10, 2022, 1MDB filed a combined total of 22 civil suits against various parties, including Najib to recover RM96.6 billion in assets.
The Finance Ministry in a statement said six of the 22 writs were filed by 1MDB, while the remaining 16 were by its former subsidiary SRC International Sdn Bhd.
The civil suits were filed as an effort by both entities to recover their assets with a combined total in excess of RM96.6 billion including approximately RM300 million against various local parties.
The writs filed by 1MDB are against a total of nine entities - including two foreign financial institutions, and 25 individuals.