KUALA LUMPUR: Datin Seri Rosmah Mansor has filed an application for High Court judge Adlin Abdul Majid to recuse himself from presiding over the US$346 million civil suit filed by 1Malaysia Development Berhad (1MDB) against her.
The suit by 1MDB and 10 other companies against the wife of former Prime Minister Datuk Seri Najib Tun Razak was in relation to the purchase of luxury goods totalling more than US$346 million, allegedly obtained through the misappropriation of 1MDB funds.
In an application filed through Messrs Reza Rahim & Rajivan yesterday, Rosmah asked the judge to recuse himself from hearing the case because he was a partner at 1MDB’s appointed law firm, Lee Hishammuddin Allen & Gledhill (LHAG), from March 2011 to March 2021, before being appointed as Judicial Commissioner on April 1, 2021.
Rosmah said the law firm was involved in 1MDB’s asset recovery since 2018 as found in media reports published between Aug 30, 2018, and June 4, 2021.
“There is a real danger of bias and in the interest of justice, it is appropriate for Judge Adlin to recuse himself from hearing this case and I request that the case be transferred to another court to be heard by another judge,” she said in a sworn affidavit in support of the application.
Rosmah said it is her absolute right to get a fair trial and that right will be prejudiced or become useless if Judge Adlin continues to preside over the case.
“Rule 6 of the Code of Ethics for Judges 2009 clearly states that a judge shall act at all times in a manner that promotes integrity and impartiality of the judiciary,” she said.
On May 9, 1MDB and 10 other companies filed a lawsuit against Rosmah over the purchase of luxury items amounting to over US$346 million, alleged to have been obtained through the misappropriation of 1MDB funds.
Five of the companies were its subsidiaries, namely 1MDB Energy Holdings Limited; 1MDB Energy Limited; 1MDB Energy (Langat) Limited; Global Diversified Investment Company Limited; and SRC International Sdn Bhd.
The other five companies are Affinity Equity International Partners Limited; Alsen Chance Holdings Limited; Blackrock Commodities (Global) Limited; Blackstone Asia Real Estate Partners Limited; and Brightstone Jewellery Limited.
All the plaintiffs named Rosmah, the wife of former Prime Minister Datuk Seri Najib Tun Razak, and a woman named Shabnam Naraindas Daswani (also known as Natasha Mirpuri) as the first and second defendants.
The plaintiffs are contending that the luxury items, such as jewellery, watches, and handbags, were acquired or obtained by Rosmah or the second defendant not with Rosmah’s personal funds, but rather with funds misappropriated from the companies, which were channelled through various offshore entities before being disbursed to 48 different vendors in 14 countries.
The vendors are from British Virgin Islands (one), Hong Kong (nine), India (four), Indonesia (two), Italy (three), Lebanon (three), Mauritius (one), Panama (one), Singapura (one), Thailand (two), United Arab Emirates (seven), Turkiye (two), United Kingdom (two) and the United States (seven). The locations of three other vendors were unknown.
Therefore, among other claims, all the companies are demanding that Rosmah pay USD346,010,489 or such other amount as the court may deem appropriate.
They also seek court declarations, including one asserting that the first to sixth plaintiffs hold rightful ownership of the luxury items, currently purported to be in Rosmah’s possession.
