KUALA LUMPUR, April 17 — Lebanese international jewellery firm Global Royalty Trading SAL has re-filed a suit against Datin Seri Rosmah Mansor to seek damages for 43 pieces of jewellery worth US$14.57 million (RM67.46 million based on rates provided by Maybank) allegedly missing while in the possession of the former prime minister’s wife.
Global Royalty re-filed the suit on March 27 at the High Court’s commercial division here through its representatives Messrs David Gurupatham and Koay.
Today is the first day of case management before High Court deputy registrar Rini Triany Muhamad Ali.
Based on previous court documents, the jewellery pieces were said to have been shipped to Rosmah in February 2018, prior to the 14th general election (GE14).
The jewellery was among various items seized by the police from the premises belonging to Obyu Holdings Sdn Bhd at Pavilion Residences and Jalan Duta during home raids in May 2018, which were allegedly linked to the 1Malaysia Development Berhad (1MDB) financial scandal.
However, they were not among the items confiscated by the police in the May 2018 raid.
Previously, Global Royalty as the plaintiffs also filed an affidavit to confirm that after an inspection by a representative on October 25 to November 3, 2021, at the Bank Negara Malaysia (BNM) vault, only one diamond bracelet belonging to the firm was found from 44 pieces of jewellery which were claimed by Rosmah.
Global Royalty, as a third-party claimant, had earlier filed the suit against Rosmah on June 26, 2018, at the High Court but withdrew it in October 2019, following the government’s forfeiture of valuable items and cash in the Pavilion and Jalan Duta raids.
Out of the 12,000 pieces of jewellery that were seized in the raid, Global Royalty had inspected and only found a diamond bracelet worth US$220,000 that is said to be owned by them and has since been returned, but with 43 items still unaccounted for.
Earlier, the government failed in its forfeiture of the 12,000 pieces of jewellery at the High Court, and returned the items to Rosmah following the prosecution’s failure to show the items were proceeds from unlawful activities related to 1MDB probe. The government also did not file an appeal in the forfeiture case last November.
Beirut-based Global Royalty, described as an international wholesale jeweller whose clientele includes celebrities, politicians and members of royal families, is seeking the return of the 43 items from Rosmah in good condition from the date of the judgment, or for whatever reason that it was not recoverable by her than the cost of such jewellery in the sum of RM67.46 million, equivalent to US$14.57 million that it claimed for at a rate provided by Maybank on March 1, 2023, along with interests and other relief by the court.
In its statement of claim, the 43 items listed by the firm included diamond necklaces, earrings, rings, bracelets, a tiara and other fine jewellery sets that are worth between US$124,000 and US$925,000.
According to its statement of claim, Global Royalty alleged that Rosmah would receive the pieces of jewellery herself or via her representatives or agents either in Kuala Lumpur, Dubai or Singapore.
The delivered jewellery would be accompanied by a memorandum of delivery, describing the goods and the price, together with the stipulated terms and conditions.
It further claimed that on February 10, 2018, the firm through its salesperson or agent Samer Halimeh and Maen Shakhshir delivered the 44 items by consignment.
The plaintiff said that during the handover, the defendant had acknowledged and accepted the terms and conditions stated in a memorandum relating to the items.
Global Royalty claimed that Rosmah, in a letter dated May 22, 2018, also confirmed and acknowledged receiving the items, with the condition of delivery and return of the said jewellery, and that the title of the items remains the sole and exclusive property of Global Royalty.
Rosmah will also assume and bear the loss and damage of the items, and in the event of any loss or damage, the defendant would indemnify the firm.
Global Royalty further alleged that Rosmah had lied in her defence on its first suit that the 43 valuables are with the police for an offence under money laundering.
However, following the forfeiture proceedings, the remaining 43 pieces of jewellery belonging to Global Royalty were not in the possession, custody and control of the Malaysian police as alleged.
From there, the firm claimed that Rosmah had failed, neglected, and omitted the return of the 43 pieces of jewellery.
As a result, the firm claimed that Rosmah had breached the Contracts Act by failing to return the 43 items, and such a matter entitles the firm to treat this as a serious violation of the entire contract.
Global Royalty also alleged that following the risk of loss as stipulated in the consignment note, Rosmah is now liable to pay the firm the total price of the remaining 43 pieces of jewellery belonging to the firm in the sum of US$14.57 million.
In 2019, the prosecution filed a forfeiture application against Obyu Holdings to seize various items, which included 11,991 units of jewellery, 401 watch straps and 16 watch accessories, 234 pairs of spectacles and 306 handbags as well as cash in various denominations amounting to RM114,164,393.44.
The money and jewellery were confiscated by the police for allegedly being linked to the 1MDB fund scandal.
