Rosmah’s Decision on RM67 Million Payment Deferment Set for 12 August

KUALA LUMPUR: The application by Datin Seri Rosmah Mansor to stay the court order directing her to pay nearly RM67.5 million in damages for the loss of 43 pieces of jewellery will be decided on 12 August.

Judicial Commissioner, Marianne Antoinette Ghani set that date after hearing the application from the parties involved via Zoom.

In today’s proceedings, Rosmah was represented by lawyer Reza Rahim while the jewellery company that owns the items, Global Royalty Trading SAL, was represented by lawyer Venothani Rajagopal.

On 10 June last, High Court Judge Datuk Quay Chew Soon ordered Rosmah to pay damages amounting to RM67,461,027.37 within one month from the date of the decision.

The court ordered this after finding Rosmah responsible for the loss of 43 pieces of jewellery worth US$14.57 million.

The court also ordered Rosmah to pay costs of RM150,000 to the jewellery company, Global Royalty Trading SAL, which is the owner of the jewellery items, and the Royal Malaysia Police (PDRM), which was named as a third party in the lawsuit.

Earlier, Reza argued that there are special circumstances that justify a stay being granted and that there is no need to order his client to deposit the damages amount into a special account until the appeal is concluded.

“At this point, all assets related to the defendant (Rosmah) have been frozen through a Mareva injunction in a different case. The plaintiff (Global Royalty Trading SAL) need not worry about losing the damages because it has been ‘locked’. My client also currently only has one bank account with only about RM100,000.

“If she liquidates all her assets or valuable items, and then the Court of Appeal’s decision favours us, she will not be able to recover all the items that have been liquidated in their original form,” he said.

Reza said that the affidavit filed by the Lebanon‑based jewellery company should not be admitted because it comes from a foreign entity and is not listed under the First Schedule of the Reciprocal Enforcement of Judgments Act 1958 (REJA).

REJA is a Malaysian law that allows for the rapid registration and enforcement of monetary judgments from superior courts in certain reciprocating countries, of which Lebanon is not one.

Meanwhile, Venothani argued that the objection to the admissibility of Global Royalty Trading SAL’s affidavit was an afterthought because it was never challenged until the decision was made on 10 July last.

She said that Rosmah needs to prove that there is a real risk that Global Royalty Trading SAL is unable or unwilling to repay the judgment sum if her appeal succeeds.

The lawyer also argued that the existing injunction against Rosmah’s assets does not provide sufficient guarantee because it only restricts dealings on certain assets and does not guarantee that those assets will be available to satisfy the judgment sum.

“Therefore, if this court intends to grant a stay, it should be given conditionally, namely that the defendant pays the entire judgment sum together with interest and deposits it into a trustee account until the appeal is concluded,” she said.

On 29 March 2023, Global Royalty Trading SAL sued Rosmah and claimed that she had lied that 44 pieces of jewellery including diamond necklaces, earrings, rings, bracelets and a tiara that had been handed over by the company’s agent to her had been seized by the Malaysian authorities.

It was under the offence of the Anti‑Money Laundering, Anti‑Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

The company claimed that only one of the 44 pieces of jewellery was in police custody and control, while the remaining 43 were not in their possession.

Global Royalty Trading SAL then claimed that Rosmah had placed the responsibility on the Malaysian government when in fact the jewellery had gone missing.

– Utusan Malaysia