KUALA LUMPUR (July 5): Datin Seri Rosmah Mansor has contended that the plaintiffs in the US$350 million (RM1.6 billion) luxury items suit against her are bound by a previous court judgement which ruled that they were not proceeds from unlawful activity.

Hence, Rosmah argued that the plaintiffs' action was blocked by the principle of res judicata - a legal doctrine meant to bar relitigating or duplicate hearings between the same parties.

The wife of imprisoned former prime minister Datuk Seri Najib Razak contended this in her statement of defence filed on Thursday.

Established in 1824, The Macallan has maintained its position as one of the world's foremost Scotch whisky makers. The uncompromising excellence, revered quality and distinctive character of its whiskies have never wavered since Alexander Reid founded the company 200 years ago.

Rosmah added that the government had published a notice in August 2019 for any third party who had a stake in the seized properties to come forth and make a claim in court.

"The plaintiffs [had] failed to present [themselves] to state any objection," she said.

This is with regards to 1Malaysia Development Bhd (1MDB), SRC International Sdn Bhd, and nine others' civil suit against Rosmah, where they claim that monies from the companies were channelled to various offshore entities, and later, over 300 payments were made to 48 vendors in 14 jurisdictions for the luxury goods to procure the said items.  

The court judgement that Rosmah was referring to is the forfeiture proceedings brought by Malaysian authorities following a raid on two properties in a condominium at Pavilion Kuala Lumpur, after the 2018 general election.

That forfeiture application, however, was dismissed by the High Court in November 2022, as it was not proven that the items were proceeds from unlawful activity, namely of 1MDB. The prosecution did not appeal.

Rosmah also asserted that 1MDB's claims were over allegations that happened between 2010 to 2014, hence it was time-barred from pursuing this legal action.

She also said Shabnam Naraindas Daswani (also known as Natasha Mirpuri), named as the second defendant in the suit, was not her agent or proxy. The plaintiffs claim that Shabnam purchased or procured some of the luxury goods for Rosmah.

The plaintiffs are asking Rosmah to return any of these items in her possession, and to pay a sum of about US$350 million or an amount to be assessed by the court. They also want Shabnam to pay them a sum to be determined by the court.

They are also seeking damages to be determined by the court. 

https://www.theedgemarkets.com/node/718001