Ezam fails to include Singapore documents in 1MDB suit

Ezam fails to include Singapore documents in 1MDB suit

The former senator vows to make the notes of proceeding public and explain an alleged conspiracy to conceal them.

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KUALA LUMPUR: The High Court today dismissed former senator Mohd Ezam Mohd Noor’s application to file court documents from Singapore to support his civil suit to recover US$3.6 billion (RM14.8 billion) alleged to have been siphoned from state investor 1MDB.

The suit named Prime Minister Najib Razak, the government, 1MDB and current and former directors of 1MDB as defendants.

Ezam said he was told by lawyer Farez Jinnah that the court disallowed the inclusion of the documents as the application was made too late in the day.

“I am disappointed with the ruling as we only came to know of the documents after the suit was filed,” he told reporters.

Ezam said he had instructed his lawyers to file an appeal.

Earlier, Farez and lawyers for Najib, the government, 1MDB, and the current and former directors of the state investor met Justice Nik Hasmat Nik Mohamad in her chambers for the ruling.

Ezam said notes of proceedings were public documents and was surprised that lawyers, including the counsel for Najib, objected to have them included in his case.

“Now, I will make the documents public and will go to the ground to explain to the people that this is Najib’s conspiracy to conceal it,” he added.

Ezam’s lawyer, Gopal Sri Ram, said in November his client filed the application for extension of time to include the documents from the island republic.

He said the documents were records of proceedings presented in a Singapore criminal trial involving Yeo Jiawei by the prosecution to show it was businessman Low Taek Jho who was giving directives in 1MDB.

The records also revealed that then 1MDB CEO Shahrol Azral Ibrahim Halmi had represented to Deutsche Bank Malaysia that Good Star Limited (GSL) belonged to a Saudi Arabian company.

Actually, GSL was said to be owned by the businessman, better known as Jho Low.

Yeo, a former BSI Singapore wealth planner, was jailed for 54 months on July 12 for money laundering and cheating, in a case linked to a global probe involving billions of dollars allegedly misappropriated from the 1MDB state fund.

Yeo, 34, pleaded guilty and would serve the sentence concurrently with the remainder of an earlier 30-month jail sentence he was slapped with in December 2016 for witness tampering.

On April 14, Ezam, a former Umno and PKR leader, named Najib and 15 others in his court action, demanding that they return at least US$3.657 billion to the sovereign fund.

Ezam claimed the money, borrowed by 1MDB, was lost due to breach of fiduciary duty by these individuals.

He said the directors, who held their posts between 2009 and last year, were named as defendants because they lost the money and did not take steps to recover it.

He said since Najib was also the finance minister, the government would not take any legal action to recover the money.

The directors named are Shahrol, Mohd Irwan Serigar Abdullah, Kamal Mohd Ali, Norazman Ayob, Che Lodin Wok Kamaruddin, Ismee Ismail, Ong Gim Huat, Ashvin Jethanand Valiram, Arul Kanda Kandasamy, Mohd Hazem Abd Rahman @ Mohamed, Mohd Bakke Salleh, Azlan Mohd Zainol and Tengku Rahimah Puteri Mahmud Shah.

In his statement of claim, Ezam said between 2009 and 2011, eight directors transferred US$1.03 billion to GSL for use in a joint venture with PetroSaudi International Ltd (PSI).

He said in 2012, they transferred US$1.367 billion to Aabar Investment PJS Ltd, a company incorporated in the British Virgin Islands.

The company has an almost identical name to Aabar Investment PJS (without the “Ltd”), a subsidiary of International Petroleum Investment Company (IPIC), which was supposed to receive the money.

Ezam said in 2013, seven directors paid US$1.26 billion to Tanore Finance Corporation (TFC) for a joint venture with Aabar to establish Abu Dhabi Malaysia Investment Company Ltd (ADMIC).

He said 1MDB and the government had, as a result, suffered losses and damages.

Ezam said he was filing the suit in his capacity as a citizen and taxpayer as he would be burdened to repay the loans taken by 1MDB.

Najib had filed an application to annul the suit on July 12, saying Ezam had no legal standing and that he (Najib) had been wrongly made a party to the action.

In September, the government, 1MDB and 13 individuals filed their striking-out applications and a stay of proceedings today pending the outcome to revoke the suit.

The applications are intended to stop the court from hearing the merits of the suit.

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