On Wednesday (10 June), Malaysia’s High Court ordered ex-first lady Rosmah Mansor to pay RM67.4 million (S$21 million) within a month to a Lebanese jeweller for the 43 missing jewellery pieces that had been consigned to her in Feb 2018.
Former Malaysian Prime Minister Najib Razak’s wife had claimed that a police raid that same year led to the items being seized.
However, the court found no evidence to support her claim.
Source: Gempak
If Rosmah fails to pay, the jeweller Global Royalty Trading SAL plans to pursue all legal avenues to recover the amount.
The company may still initiate bankruptcy proceedings against her in court.
According to Malay Mail, High Court judge Quay Chew Soon explained that the court found Rosmah liable for the missing jewellery.
This is because their own pleadings, previous positions in court, and oral testimony had established four indisputable facts.
“The 44 pieces of jewellery were delivered to and received by her; the jewellery was entrusted to her for viewing under a consignment arrangement; she neither purchased nor paid for the jewellery; and she failed to return 43 of the pieces,” Mr Quay outlined.
He said that when the jewellery was delivered, possession and non-return were established.
The jeweller no longer had the legal burden to speculate what happened while the items were in Rosmah’s custody.
Additionally, Rosmah did not deny signing the consignment note, making her responsible for the jewellery.
The court also dismissed Rosmah’s claim for indemnity against the Royal Malaysia Police (PDRM), which was brought in as third parties in the proceedings.
Rosmah had claimed that police seized the jewellery during a raid at her Pavilion Residences unit in May 2018.
Source: Gempak
Despite this, the law placed the burden for the missing jewellery on Rosmah, as its handling, movement, and disappearance were all within her exclusive knowledge.
She failed to account for the plaintiff’s jewellery while it was in her custody.
Additionally, Rosmah did not present any key witnesses involved in handling and moving the jewellery and other items.
“The defendant attempted to rely on unnamed security, bodyguards, staff and a butler to explain how the jewellery was packed, how the bags were locked, and how the jewellery was transported and safeguarded at Pavilion 45,” Mr Quay said.
“However, none of those material witnesses were called to testify at the trial. Therefore, such an omission erodes the defendant’s case,” he added.
Despite one piece of jewellery being identified in forfeiture proceedings and returned to the plaintiff, the court said there is no proof that the 43 others were ever seized.
As such, Mr Quay said she cannot discharge her burden by merely pointing to a raid.
“The law requires proof and the defendant has failed to prove it,” he said.
Following the order, Global Royalty Trading SAL said it plans to pursue all legal avenues to recover the RM67.5 million.
“We will execute the judgment until we recover every penny, or she is declared bankrupt. Those are my instructions from the client,” Senior lawyer Datuk David Gurupatham told New Straits Times.
“We will pursue bankruptcy only if all attempts to enforce the judgment and recover the debt fail.”
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Featured image adapted from New Straits Times, Gempak for illustration purposes only.