ROSMAH Mansor will know soon whether she will have to face trial over unpaid jewellery worth RM60 million demanded by a Lebanese jeweller, who counts the former self-styled first lady as one of his best customers.

The Kuala Lumpur High Court will soon decide on Rosmah’s application to strike off the suit filed by Samer Halimeh after a consignment of 44 pieces of jewellery that were sent to her in February were seized in government raids in May. The items have not been paid for.

Rosmah had filed an application last month to strike out the case on grounds that Halimeh cannot claim money through the civil court without the consent of the attorney-general, citing anti-money laundering laws.

The former prime minister’s wife also said in her affidavit that no civil suit can be instituted to claim seized properties under Section 54(3) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities 2001 for any business transaction or “dealing”.  

Halimeh, in an affidavit filed last week, said consent has been given because the A-G’s Chambers (AGC) has applied to act as intervener in his case on behalf of the government.

An intervener is a third-party litigant that joins an ongoing litigation because it may be affected by the judgement.

A decision on Rosmah’s application to strike out the suit will be made soon, said Halimeh’s lawyer David Gurupatham.

“If Rosmah’s application is thrown out by the high court, then it will go to trial and she will have to give evidence in court,” he said.

Halimeh, who owns Global Royalty Trading SAL, said he is merely claiming for declarations, which do not amount to dealings, and that therefore Section 54(3) does not apply.

Both parties filed their submissions last week, said Gurupatham.

The items confiscated cost from US$124,000 to US$925,000, with a total value of US$14.8 million (RM60 million). The jewellery were allegedly from Halimeh’s boutique in Knightsbridge, London.

Halimeh, whose celebrity clients include Oprah Winfrey and Angelina Jolie, has outlets in New York, London, Cannes and Riyadh in Saudi Arabia. An outlet in Kuala Lumpur has been shuttered.

Another jeweller, Dubai-based Adi Hasan AlFardan Jewellery, is seeking the return of three pieces of jewellery delivered to Rosmah between January and April this year. Owner Adi AlFardan has sent a recovery letter in July to Bukit Aman seeking return of the jewellery worth over US$5 million, including two necklaces that comprise dozens of yellow diamonds.

Rosmah is also facing money-laundering charges related to the 1Malaysia Development Bhd scandal. She was questioned by the Malaysian Anti-Corruption Commission for 13 hours last week.

Her husband, Najib Razak, was charged with 32 counts of money laundering, corruption and abuse of power.

On whether those criminal charges would influence the outcome of Halimeh’s suit, Gurupatham said: “I don’t think it would affect our case at all. Ours is about goods sold and delivered, or under consignment.”

On the customs declarations regarding the jewellery, he said: “What’s interesting about the case is how they brought in the jewellery. The affidavit stated the goods were not actually brought in by Halimeh. It was brought in by Rosmah’s people. That seems the way that she brought in all these things.”

Rosmah, 66, has denied purchasing jewellery from the Lebanese firm.

“We would like to stress that all of the jewelleries itemised in Global Royalty’s statement of claim, were sent to our client for her viewing, and none were purchased by Rosmah,” her lawyers had said in a statement in July.

Police raided premises linked to Najib in May, just days after Pakatan Harapan won federal power and formed the new government.

The authorities seized 12,000 pieces of jewellery, 567 handbags, 423 watches and 234 sunglasses. The haul, the biggest in Malaysia’s history, was valued at RM1.1 billion. – October 2, 2018.