KUALA LUMPUR, Oct 11 — The government has filed an appeal against the High Court’s decision to allow Datin Seri Rosmah Mansor to appoint an independent jewellery expert in the Replevin lawsuit against her.
The government represented by federal counsel Ashraf Hamid wants the entire court order allowing the expert to identify and verify the number of jewellery pieces currently in the custody of Bank Negara Malaysia (BNM), to be overturned.
Rosmah’s lawyer Mohamed Reza Rahim further told reporters when met after a case management in chambers today before Judge Wong Chee Lin today, that his client would file an application to stay the trial scheduled for October 21 to 24, this year pending the outcome of the government’s appeal.
“In light of the appeal we’ll have a problem cross-examining the plaintiff (Global Royalty Trading SAL)’s witness because we do not know how many pieces there are and how many are not,” he said, adding, the expert is from India.
He said the court fixed October 16 to hear Rosmah’s stay application.
Meanwhile, Ashraf said the government’s appeal was filed on Wednesday.
The Lebanese jeweller’s counsel Datuk David Gurupatham said his client had deposited the RM75,000 as ordered by the court for cost security in the suit against Rosmah.
He said the plaintiff had already prepared for the trial and ready to call its witnesses.
In its suit, Global Royalty claimed that on February 10, 2018, it sent 44 pieces of jewellery including diamond necklaces, earrings, rings, bracelets and tiaras worth between US$124,000 (RM519,183) and US$925,000 (RM3.8 million) each, to the defendant by hand-carry courier via two of its agents.
The company said during delivery, Rosmah confirmed and accepted the terms and conditions in Memorandum No. 926 relating to the jewellery.
It further claimed that Rosmah, in a letter dated May 22, 2018, also confirmed and acknowledged receiving the jewellery but said all the jewellery were no longer in her possession after being confiscated by the Malaysian authorities.
Global Royalty is seeking a declaration that the firm is the owner of the 44 pieces of jewellery, and an order that ownership of the jewellery may not be transferred to the defendant.
It is also seeking a mandatory order for Rosmah to provide a list of the jewellery seized, for these to be returned or for Rosmah to pay the price of the jewellery at US$14.79 million (RM59.83 million). — Bernama