THE LAW SUIT
In his lawsuit, Khairuddin alleged that between June 2013 and March 2014, Low had acted through his agent, Eric Tan, to purchase jewellery from Lorraine Schwartz in New York for the sum of US$27.3 million, which Khairuddin said were from misappropriated 1MDB funds.
He added that since Rosmah gave no consideration to the said necklace, she has no title in law or equity to it, meaning that 1MDB was entitled to have it back.
The pink diamond necklace set was mentioned in the United States Department of Justice’s (DoJ) 2015 civil forfeiture suit related to 1MDB.
The documents alleged that Jho Low had procured the necklace for the wife of Malaysian Official 1 (MO1). Minister in the Prime Minister’s Department Abdul Rahman Dahlan has since confirmed that ‘MO1’ is Najib.
Read more at https://www.malaysiakini.com/news/407411#BziGeUlufo36IabS.99
3 September 2018
PETALING JAYA: Former Umno leader Khairuddin Abu Hassan today explained his decision to withdraw two suits associated with state investment firm 1MDB, saying he did so as Barisan Nasional (BN) and Najib Razak had been removed from office.
“On my part, the suits have become academic,” he said, adding that the withdrawals were based on sound legal principles.
He told FMT there had been much confusion about his decision after the court last week struck out the suits related to the pink diamond and the order to compel Najib, the former prime minister, and his deputy Ahmad Zahid Hamidi to uphold their oath of office.
The first suit was filed in August last year against 1MDB, businessman Low Taek Jho and Najib’s wife Rosmah Mansor over the return of a 22-carat pink diamond necklace set worth some RM115 million. The jewellery was allegedly bought with funds belonging to the state investor.
Khairuddin said he had filed the suit because no action would have been taken by 1MDB to recover the jewellery as long as Najib was in power.
However, he added, the political landscape had changed after the historic May 9 general election when Pakatan Harapan, led by Dr Mahathir Mohamad, swept to power.
“Moreover, 1MDB has now decided to take action on behalf of the taxpayers and the Malaysian public,” he said.
He said 1MDB’s new legal firm had also written to his lawyers for the withdrawal of the suit so that they could initiate court proceedings.
“It is proper for me to accept the request of 1MDB’s lawyers so that they can proceed to recover the pink diamond from Rosmah,” he added.
The second suit meanwhile was filed in September last year, when Khairuddin sued Najib and Zahid for allegedly violating their constitutional oath by misleading the public on the issue of the RM2.6 billion donation deposited into Najib’s personal account.
Khairuddin said the court may have granted the declaration sought by him, but the order could not be enforced as Najib and Zahid were no longer in power.
27 June 2018
PETALING JAYA – 1MDB critic Khairuddin Abu Hassan will call witnesses to testify in his efforts to prove that a 22-carat pink diamond set in a necklace worth about RM115 million is in the possession of Rosmah Mansor, his lawyer says.
Gopal Sri Ram said his client had prima facie evidence that the jewellery was in the custody of the former prime minister’s wife.
“We will call witnesses, including those from overseas, that the diamond was delivered to a third party who then handed it over to Rosmah,” he told FMT.
Sri Ram was responding to the police revelation today that 25 bags containing 12,000 items of jewellery estimated to cost RM440 million in materials were seized during raids of premises linked to Najib last month.
However, the elusive pink diamond was not on the inventory.
Bukit Aman Commercial Crime Investigation Department director Amar Singh said in total, about RM1 billion of valuables including RM116.7 million in cash had been seized in the raids.
The most valuable piece of jewellery was a white diamond necklace estimated to cost RM6.4 million.
Sri Ram said the pink diamond was handed over to a lady who was acting as an agent for Rosmah. However, he declined to elaborate further.
“If a trial proceeds, Rosmah has a lot to explain.”
9 February 2018
The High Court in Kuala Lumpur today dismissed former Batu Kawan Umno division leader Khairuddin Abu Hassan’s application to cross-examine Low Taek Jho and to set aside the memorandum of appearance of his appointed lawyer Francis Ng Aik Guan.
Justice Ahmad Zaidi Ibrahim said evidence was lacking to show that Low, better known as Jho Low, did not appoint Ng.
“What the plaintiff claims is the possible forgery of Jho Low’s signature in appointing Messrs Ng Aik Guan. The lawyer who claims (to represent) Jho Low is of good repute.
“What is claimed indirectly is that the lawyer is involved in a criminal act but this is not supported by strong evidence and this the court cannot accept,” Justice Ahmad Zaidi said.
“Jho Low signed the warrant to appoint Ng before the Malaysian Counsel-General in Hong Kong and this is provided for by the law. There is no evidence to suggest otherwise.
“The plaintiff has failed to convince this court to strike out the appointment. As there is no basis for this application, the plaintiff’s application to cross-examine Jho Low is also dismissed,” the judge ruled.
3 January 2018
Pink diamond suit: Sri Ram seeks the elusive Jho Low
The suit seeking to compel the prime minister’s wife Rosmah Mansor to return a 22-carat pink diamond necklace set allegedly bought with siphoned 1MDB funds continued today, with the focus on fugitive Malaysian billionaire Low Taek Jho.
Gopal Sri Ram told the High Court in Kuala Lumpur that he wanted to cross-examine the Penang born businessperson on whether he truly appointed Francis Ng Aik Guan to be his lawyer.
This follows questions arising from Jho Low’s affidavit, in which the businessperson affirmed in Hong Kong that he had appointed Ng.
Sri Ram, a former Federal Court judge, pointed out that the affidavit and also the notice of appearance contained neither Jho Low’s Malaysian identity card number nor his Hong Kong address.
“A person who affirms an affidavit must be prepared to be cross-examined in court. The plaintiff is entitled to question him as in the affidavit which he affirmed, he cites his Penang address but the affidavit is affirmed in Hong Kong.
“We want to know if he (Jho Low) is the man appointing Ng, because we do not know whether there is a shadowy person behind the appointment.
“The manner leading to Ng’s appointment is spurious, and hence the court should allow us to cross-examine the second defendant,” he said.
Sri Ram is appearing for former Umno Batu Kawan vice-chief Khairuddin Abu Hassan in his US$27.3 million lawsuit against Prime Minister Najib Abdul Razak’s wife Rosmah Mansor, Jho Low and 1MDB over the pink jewellery.
15 August 2017
Khairuddin saman Rosmah, tuntut kembalikan berlian
Bekas ketua bahagian Umno Datuk Seri Khairuddin Abu Hassan memfailkan pernyataan tuntutan terhadap isteri perdana menteri Rosmah Mansor supaya mengembalikan berlian merah jambu bernilai AS$23 juta dan rantai AS$4.3 juta kepada 1MDB.
Khairuddin juga memohon perintah supaya hartawan Pulau Pinang Jho Low untuk membayar wang yang didakwa digelapkan, dicuri atau disalah guna dari 1MDB.
Rosmah dan Low juga dituntut membayar pampasan munasabah daripada segi ekuiti terhadap 1MDB, kos tuntutan dan relif lanjut dan lain-lain relif yang ditentukan mahkamah.
Pernyataan itu difailkan di Mahkamah Tinggi Shah Alam tetapi difahamkan ia akan dibawa ke Mahkamah Tinggi Kuala Lumpur.
Read more at https://www.malaysiakini.com/news/392039#xTzycdA28RK2M90C.99
Khairuddin files suit against Rosmah over US$23m pink diamond
Former Umno division leader Khairuddin Abu Hassan today filed a suit at the High Court in Shah Alam against Prime Minister Najib Abdul Razak’s wife Rosmah Mansor for the return of a pink diamond worth US$23 million and an accompanying necklace worth US$4.3 million to 1MDB.
He also wants Penang-born businessperson Jho Low to return the money which he had allegedly misappropriated from the state fund.
Khairuddin further seeks for both of them to pay an equitable compensation to 1MDB over the misappropriated money they had allegedly taken.