KUALA LUMPUR — High Court Judicial Commissioner Leong Wai Hong has recused himself from presiding in the lawsuit against Datin Seri Rosmah Mansor over the purchase of luxury items worth over US$346 million allegedly obtained using misappropriated 1Malaysia Development Berhad (1MDB) funds.
Leong made the decision today after allowing Rosmah’s application to recuse himself from hearing the suit filed by 1MDB and other companies.
“After considering the application, I agree to recuse myself from hearing this suit on the principle that justice must not only be done but must also be seen to be done.
“On this premise, I allow this application and this suit will be heard before another High Court judge,” he said when delivering his decision via Zoom, Bernama reports.
The judicial commissioner cited Rosmah’s supporting affidavit, in which she stated he (Leong) was a partner and head of litigation and arbitration in practice at law firm Messrs Skrine from 2011 to 2021.
At the material time, Messrs Skrine which acted for the plaintiff (1MDB) in the present case, had relations to the lawsuit, including the authorities’ investigation into 1MDB and Rosmah’s husband, Datuk Seri Najib Tun Razak, who was then the prime minister.
Rosmah today was represented by Datuk Seri Rajan Navaratnam, while all the plaintiffs were represented by Datuk Lim Chee Wee.
On Sept 9, High Court judge Justice Adlin Abdul Majid dismissed Rosmah’s recusal application, stating that Rosmah failed to prove any real danger of bias if he (Adlin) continued to preside over the civil suit.
Adlin was later transferred to the High Court (Intellectual Property division) and Leong took over the case.
On May 9, 1MDB and 10 other companies filed a lawsuit against Rosmah over the purchase of luxury items amounting to over US$346 million, alleged to have been obtained through the misappropriation of 1MDB funds.
Five of the companies were its subsidiaries, namely 1MDB Energy Holdings Limited; 1MDB Energy Limited; 1MDB Energy (Langat) Limited; Global Diversified Investment Company Limited; and SRC International Sdn Bhd. The other five companies are Affinity Equity International Partners Limited; Alsen Chance Holdings Limited; Blackrock Commodities (Global) Limited; Blackstone Asia Real Estate Partners Limited; and Brightstone Jewellery Limited.
All the plaintiffs named Rosmah, the wife of former Prime Minister Datuk Seri Najib Tun Razak, and a woman named Shabnam Naraindas Daswani (also known as Natasha Mirpuri) as the first and second defendants.
All the companies are demanding that Rosmah pay US$346,010,489 or such other amount as the court may deem appropriate.
They also seek court declarations, including one asserting that the first to sixth plaintiffs hold rightful ownership of the luxury items, currently purported to be in Rosmah’s possession. – November 19, 2024