Rosmah Wins Appeal To Include Police Govt In Rm67 4mil Jewellery Suit

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(msn):The Court of Appeal has unanimously allowed Rosmah Mansor to add the police and the government as third parties in the RM67.4 million suit brought by a Lebanese jeweller over more than 40 missing pieces of jewellery.
Justice Choo Kah Sing, in delivering the broad grounds of a three-member bench, said Rosmah had shown a prima facie case to issue a third-party notice on the respondents.
Choo said the police have a statutory duty of care and control of the jewellery under Section 413 (5) of the Criminal Procedure Code.
Under this provision, he said, a nexus has been established concerning Global Royalty Trading SAL’s claim over the missing valuables.
“On this ground, we allow this appeal and set aside the High Court decision,” he said.
The bench was chaired by Justice P Ravinthran and also consisted of Justice Firuz Jaffril.
Today’s ruling meant that if the trial court determines that the jewellery was lost or misplaced, Rosmah is entitled to seek indemnity against the police and the government.
Counsel Rajivan Nambiar appeared for Rosmah, senior federal counsel Shamsul Bolhassan represented the government and lawyer Venothani Rajagopal acted for Global Royalty.
In the Kuala Lumpur High Court last year, Justice Ong Chee Kwan said the police and the government had not committed any wrongful act in the matter and had no duty to indemnify Rosmah for any losses suffered.
However, he said, Rosmah was at liberty to file a fresh civil suit for any losses she may have suffered as a result of the actions of the police and the government.
Global Royalty is suing the wife of former prime minister Najib Razak for RM67.4 million, claiming that she had lied about the whereabouts of 44 jewellery items.
The company alleges that Rosmah falsely stated that the items, including diamond necklaces, bracelets and tiaras, were seized by the authorities under the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act 2001.
According to the Beirut-based company, the authorities only seized one of the items.
Global Royalty also claimed that Rosmah had sought to shift the responsibility to the government when, in fact, the jewellery had gone missing.
In her application to initiate third-party proceedings, Rosmah reiterated her stand that the items had been seized by the authorities.
A case management has been fixed on May 29 to determine the hearing dates before Ong.
source:freemalaysiatoday
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