The items, including luxury handbags, 27 vehicles and cash in various currencies, were allegedly linked to the 1Malaysia Development Berhad (1MDB) scandal.
The prosecution filed the notice of motion for the stay, together with a supporting affidavit, on Nov 24, by naming Najib, Rosmah, Riza Shahriz Abdul Aziz (Najib’s stepson), their son Nor Ashman Razak, Senijauhar Sdn Bhd, Aiman Ruslan, Goh Gaik Ewe, former Goldman Sachs bank officer Roger Ng Chong Hwa and his wife Lim Hwee Bin as the first to ninth respondents.
Based on the supporting affidavit, deputy public prosecutor Harris Ong Mohd Jeffery Ong said the High Court, had on Nov 8, dismissed the prosecution’s application to forfeit the items and no order was given by judge Mohamed Zaini Mazlan for them to be returned to the claimant.
According to Harris Ong, the application for the stay was made pending an appeal against the decision in the Court of Appeal which was filed on Nov 16.
He claimed that there were special circumstances that supported the application for the stay order, among them, that the status quo of the seized property should be maintained until the decision of the Court of Appeal to safeguard the interests of both parties, especially the applicant, in representing the Malaysian government.
“The seized property involves a large amount and is a public fund, so public interest can be preserved by allowing the application to stay the order.
“If this (stay) application is dismissed and the applicant succeeds in the appeal in the Court of Appeal, there is no guarantee that the applicant will recover the seized property because it is feared that the property will be disposed of by the respondent before the applicant’s appeal is heard by the Court of Appeal,” said Harris Ong in the affidavit.
Meanwhile, Harris Ong, when met by Bernama after the case management before High Court deputy registrar Catherine Nicholas today, said the court had set Jan 14 for all respondents to file their affidavits in reply.
He said the court also set Feb 17 for further case management.
In the Nov 8 decision, judge Mohamed Zaini, in dismissing the government’s application to forfeit items that were seized from Najib, Rosmah, their children and several others, had allowed the government’s application to forfeit assets from eight other respondents because they did not object to the application.
The respondents are Mohd Kyizzad Mesran, Yayasan Rakyat 1Malaysia, Yayasan Semesta, Yayasan Mustika Kasih, Rembulan Kembara Sdn Bhd and three former 1MDB officers who have absconded, Kee Kok Thiam, Tan Vern Tact and Geh Choh Hun.
On May 8, 2019, the Attorney-General’s Chambers filed a notice of motion to forfeit hundreds of items, allegedly linked to the 1MDB scandal, including handbags of various brands and 27 vehicles seized from Najib, Rosmah, their three children, including Nooryana Najwa, as well as 13 individuals and companies.
Among the items mentioned in the notice are handbags, shoes and watches of various brands, as well as cash in various currencies that were seized by police on May 17, 2018, and June 11, 2018, as well as 27 vehicles that were seized on Aug 2, 2018, and a piece of land in Tanjung Bungah, Penang.
Also included is more than RM18 million in several bank accounts at Bank Islam Malaysia Bhd, Al-Rajhi Bank Bhd, Malayan Banking Bhd, CIMB Bank Bhd, RHB Bank Bhd, Public Bank Bhd, AmBank Bhd and Hong Leong Bank Bhd that were frozen between Aug 16, 2018, and March 11, 2019.
However, the Attorney-General’s Chambers allowed a representation by Nooryana for the return of items that belonged to her, which included handbags and shoes.