JAILED former premier Datuk Seri Najib Razak’s wife Rosmah Mansor has filed for the recusal of High Court Judge Adlin Abdul Majid from presiding over a US$346 mil lawsuit involving luxury jewellery.
Rosmah alleged a potential conflict of interest due to Judge Adlin Abdul Majid’s past association with a law firm that previously represented the embattled Malaysian sovereign wealth fund.
In an affidavit filed yesterday (June 25), Rosmah contended that Adlin’s former role as a partner at Lee Hishamuddin Allen & Gledhill, a firm reportedly acting for 1Malaysia Development Bhd (1MDB) from 2018 to 2021, presents a “real danger of bias”.
Adlin served at the firm from March 2011 until his elevation to the bench on April 1, 2021.
“My counsel has given me legal advice and verily stated that there is ‘real danger of bias’ and that in the interest of justice, it is appropriate for Adlin to withdraw from hearing this case before this honourable court and for the case to be transferred to another court to be heard by another trial judge,” Rosmah said in the affidavit sighted by Malaysiakini.
Citing media reports, Rosmah argued that the firm’s involvement with 1MDB during critical recovery efforts could undermine her right to a fair trial. Her counsel Mohamed Reza Rahim highlighted the necessity of judicial impartiality and requested the case be transferred to another judge.
The recusal hearing is set for June 26.
Moreover, the suit against Rosmah filed on May 9 by 1MDB and its affiliates alleged she received thousands of jewellery items, watches, and handbags bought with misappropriated funds.
The plaintiffs claimed that these luxury goods, valued at US$346 mil were acquired using money siphoned from 1MDB through various offshore entities.
Besides 1MDB, four other plaintiffs comprised the fund’s subsidiaries namely 1MDB Energy Holdings Limited, 1MDB Energy Limited, 1MDB Energy (Langat) Limited, and Global Diversified Investment Company Limited.
The remaining plaintiffs constituted the fund’s former subsidiary SRC International Sdn Bhd, and five companies in liquidation namely Affinity Equity International Partners Limited, Alsen Chance Holdings Limited, Blackrock Commodities (Global) Limited, Blackstone Asia Real Estate Partners Limited and Brightstone Jewellery Limited.
Furthermore, the plaintiffs’ legal team Lim Chee Wee Partnership bases their claim on multiple grounds including “equitable proprietary claim and/or unconscionable or knowing receipt of trust property or its traceable proceeds and/or dishonest assistance in breach of trust or fiduciary duty and/or dishonest enrichment”.
“The misappropriated funds were funnelled through 14 jurisdictions and paid to 48 different vendors.
“A total of 320 such payments totalling US$346,010,489 were made,” they alleged.
Besides seeking an order to compel Rosmah to pay over US$346 mil to them, the plaintiffs also seek for the civil court to compel her and the other defendant to pay damages or equitable compensation to be assessed later, aggravated and/or exemplary damages, among other reliefs sought.
Lim Chee Wee Partnership is acting for 1MDB and the other plaintiffs. – June 26, 2024
