Suit by 1MDB, 10 others against me time-barred, says Rosmah

Suit by 1MDB, 10 others against me time-barred, says Rosmah

In her defence to a suit, the wife of former prime minister Najib Razak says the entire action is tainted with bad faith.

Rosmah Mansor is being sued by 1MDB, SRC International and nine other entities for the recovery of US$346 million said to have been used for the purchase of items including jewellery and handbags.
KUALA LUMPUR:
Rosmah Mansor claims that a lawsuit to recover from her a total of US$346 million (RM1.64 billion) in allegedly misappropriated funds brought by 1MDB, SRC International Sdn Bhd and nine related local and foreign entities is time-barred, court filings have revealed.

The wife of former prime minister Najib Razak, who is being sued along with Singaporean designer Shabnam Naraindas Daswani (also known as Natasha Mirpuri), said the plaintiffs should have filed their suit in 2020 at the latest.

This is because the cause of action was said to have crystallised in 2014 or earlier.

Under the Limitation Act 1953, a plaintiff must file a suit within six years from the date the facts on which it is premised occurred.

In a defence statement filed by her solicitors Messrs Reza Rahim & Rajivan in the High Court here yesterday, Rosmah said the suit was incompetent, premature and frivolous, and was intended to bring pressure to bear on her.

“The entire action is tainted with mala fides (bad faith),” she said.

Rosmah also denied buying or receiving the luxury goods as alleged by the plaintiffs, who, she said, did not provide any particulars.

She denied that Shabnam was her agent or proxy.

Rosmah said the plaintiffs were bound by a 2022 High Court judgment which ruled that the luxury goods were neither obtained from any illegal source nor secured using the proceeds of any unlawful activity.

She referred to forfeiture proceedings brought by Malaysian authorities following a raid on two properties in a condominium at Pavilion Kuala Lumpur soon after the 2018 general election.

Rosmah said the Attorney-General’s Chambers later decided to return part of the goods on the basis that they were not connected to the plaintiffs.

“As such, the plaintiffs (in the present suit) are precluded from contending that the luxury goods belong to them,” she said.

Rosmah said the government published a notice in August 2019 for third parties who had an interest in the seized properties to make a claim in court.

“The plaintiffs failed to present themselves and state their objection (to the return of the items),” she said.

The 11 entities named as plaintiffs are suing Rosmah and Shabnam for wrongfully using the funds to purchase multiple items, including jewellery and handbags.

They claim that the funds were channelled to their recipients through various offshore companies.

Apart from the claimed sum, the plaintiffs are seeking general, aggravated and exemplary damages from the duo.

This is the second civil suit brought against Rosmah in connection with the purchase of jewellery.

In the first suit, Lebanese jeweller Global Royalty Trading SAL is seeking the recovery of US$14.57 million in connection with 44 items of jewellery shipped to her in February 2018. Rosmah contends that they were seized by police and are no longer in her possession.

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