KUALA LUMPUR, July 27 ― Datin Seri Rosmah Mansor's application to throw out Lebanese jewellery Global Royalty Trading SAL's lawsuit over RM59.8 million worth of gems will be heard in October, lawyers said today.
Lawyer Datuk David Gurupatham, representing the Lebanese firm, confirmed that the Attorney General's Chambers' (AGC) application to intervene to be made a party to the case will also be heard on the same day.
“The plaintiffs have taken the position we are not going to object to the intervention by the Attorney General’s Chambers into the action.
“Both applications will be heard before the judge on October 11,” he told reporters when met after case management before assistant registrar Siti Faraziana Zainuddin at the High Court here.
The two applications will be heard by judicial commissioner Wong Chee Lin.
On June 26, Global Royalty Trading SAL filed the lawsuit against Rosmah, seeking for either the return of 44 items of jewellery that it sent to her for viewing and is purportedly under police custody, or for payment of US$14.79 million or RM59,831,317.40 if the jewellery cannot be returned.
Lawyer Datuk Geethan Ram Vincent, who represents Rosmah, said his client’s striking out application was filed yesterday.
Rosmah’s lawyer Rajivan Nambiar said the striking out application is based on three grounds, including the Lebanese jeweller’s lawsuit allegedly being a breach of an anti-money laundering law and that the AGC’s written approval is required first before the lawsuit can be filed.
“The second ground is presumed on the fact that a claim for indemnity is premature, because the stand that we take at this point — the items have already been seized, there is no actual loss to the plaintiffs as yet.
“And the third part on the striking out is that the party that they have sued is the wrong party, because the items are currently with the relevant authorities and is not within the possession of our clients,” he told reporters.
Gurupatham, however, told reporters that it was “redundant” to require the AGC’s written approval to file the lawsuit when the latter is already seeking to be part of the court case, adding that all arguments will be met in court.
In the June 26 statement of claim, the Lebanese jewellery firm said it supplies jewellery to royalty and rich customers globally, with 44 items of jewellery allegedly delivered on February 10 to Rosmah.
Describing the wife of former prime minister Datuk Seri Najib Razak as a long-standing customer who borrows or selects items delivered on consignment, the Lebanese firm said Rosmah had on May 22 acknowledged receiving the 44 items on consignment. Rosmah had however said Malaysia’s authorities had seized the items, the firm claimed.
The Lebanese jewellery wholesaler is now seeking for five court orders, including declarations that it remains the legal owner of the 44 items, an order for Rosmah to provide a list to confirm the seized items, and an order for the items’ return, or for the payment to be made if return is not possible.
The 44 items that mainly featured diamonds are necklaces, bracelets, rings, earrings and a tiara.
