KUALA LUMPUR: Datin Seri Rosmah Mansor claimed today that the High Court had already ruled that luxury goods worth US$346 million seized from her residence were not proceeds of unlawful activity.
The wife of the incarcerated former prime minister, Datuk Seri Najib Razak, argued that 1Malaysia Development Bhd (1MDB) was bound by a 2022 court ruling that found no proof linking the items seized during a police raid on an apartment in the Pavilion Residences to the company.
The raid on the apartment owned by OBYU Holdings on May 17, 2018, came soon after the 14th General Election, which saw a Najib-led Barisan Nasional losing federal power.
Rosmah made this contention in her defence statement in 1MDB's lawsuit against her and Singaporean designer Shabnam Naraindas Daswani also known as Natasha Mirpuri.
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.
Rosmah contended that the entirety of this action was barred by the legal principle of res judicata, which prevents the same parties from re-litigating the same issue in court.
"The plaintiffs in this action have completely failed to specify what luxury items were allegedly requested and received by the first defendant (Rosmah).
"The plaintiffs are attempting to 'fish for evidence' after initiating this action against Rosmah, which is contrary to established legal principles," she claimed.
On Nov 14, 2022, High Court judge Datuk Muhammad Jamil Hussin dismissed the government's application to forfeit RM80 million in luxury items owned by Najib and Rosmah.
The luxury items in question include 2,435 pieces of jewellery, seven Richard Mille watches and 29 handbags, which were seized from a condominium unit owned by OBYU Holdings on May 17, 2018.
On Nov 30 of the same year, former attorney-general Tan Sri Idrus Harun said that the government had decided not to appeal against Jamil's decision.
In the present suit, 1MDB claimed that the defendants had used the funds to purchase luxury items such as jewellery, watches and handbags.
The company 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 about 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 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 filed 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 of over RM96.6 billion including approximately RM300 million against various local parties.
The writs filed by 1MDB are against nine entities - including two foreign financial institutions, and 25 individuals.