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KUALA LUMPUR: The Supreme Court struck down a last minute supporting affidavit on the monetary trail of 1Malaysia Development Bhd (1MDB) in a RM114mil forfeiture lawsuit filed by the government against Obyu Holdings Sdn Bhd.
This is due to a decision by Presiding Judge Muhammad Jamil Hussin to allow former Prime Minister Datuk Seri Najib Razak and Umno, who are third party plaintiffs in the lawsuit, to reject the request.
In his brief ruling, the judge said that the court would not use the affidavit in its consideration of the case as it would harm the third parties involved, namely Najib and Umno.
He said the affidavit was filed after all other affidavits were filed and without permission from the court.
“It was introduced during the presentation stage. It would harm the third party.
“Therefore, I resolve that the affidavit cannot be used. Therefore, I will not consider the affidavit as support,” Judge Jamil said before allowing Najib’s legal team to continue their presentation here on Thursday (11 de March).
The affidavit was filed by the prosecution in its 1MDB-related forfeiture lawsuit against Obyu Holdings, in rebuttal to claims made by Najib and Umno, who are the third-party plaintiffs in the lawsuit.
Earlier, Najib’s lawyer, Tan Sri Muhammad Shafee Abdullah, objected to the affidavit of the police investigating officer Asst Comm R. Rajagopal and told the court that it should not be allowed as it was presented at the last minute.
Umno’s lawyer, Datuk Hariharan Tara Singh, when meeting, said that Najib and Umno had only received the copies of the affidavit on Wednesday (March 10) evening.
Najib and Umno are among several third parties seeking to file a claim in the forfeiture lawsuit involving cash and jewelry, among others, that were seized by authorities from Pavilion Residences (owned by Obyu Holdings Sdn Bhd) in 2018.
Obyu Holdings is owned by Tan Sri Bustari Yusuf, the younger brother of Public Works Minister Datuk Seri Fadillah Yusof.
In 2019, the prosecution filed the request to seize the seized assets that were allegedly linked to 1MDB funds under the Anti-Money Laundering, Counter-Terrorism Financing and Proceeds of Illicit Activities Act of 2001.
In the motion notice filed against Obyu Holdings, the items included 11,991 pieces of jewelery, 401 watches and 16 watch accessories, 234 pairs of glasses and 306 handbags, as well as cash in various denominations worth RM 114,164,393.44.
On February 10, it was reported that the prosecution team presented to the court that there is a secret unaudited account maintained by Umno at a local bank, which they say is a crime under the Companies Act of 1966.
Presentations before Judge Jamil continue on Monday (March 15).
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