LAWYER: TRANSACTIONS NOT LINKED TO 1MDB
Money in accounts of ex-Goldman Sachs banker and wife not connected with company, he submits
ALAWYER yesterday argued that money in the bank accounts of former Goldman Sachs banker Roger Ng and that of his wife had no connection with the 1Malaysia Development Bhd (1MDB) scandal.
Datuk Tan Hock Chuan said there was no evidence that the transactions involving seven bank accounts belonging to the couple were related to the sovereign wealth fund.
Tan, who is representing Ng or his real name Ng Chong Hwa and wife, Lim Hwee Bin, said this during submissions in the government’s 1MDB-linked forfeiture application against the couple and 16 others.
The other respondents in the application included former prime minister Datuk Seri Najib Razak, his family members and other individuals and companies.
Tan said there was no proof in the affidavits of two investigating officers — namely Superintendent Foo Wei Min and Assistant Commissioner R. Rajagopal — to show the flow of funds in the accounts were related to 1MDB.
He said the affidavits were bare allegations that were not backed by prima facie evidence.
“In Foo’s affidavit, there is no evidence that the seven accounts of the 14th and 15th respondents are illegal or proceeds from illegal activities.
“There is absolutely no evidence. This is a bare allegation,” he said, adding that the pattern in Foo’s affidavit was a general statement without details.
In explaining the money flow, Tan said the transactions were between seven bank accounts, four of which belonged to Ng, two joint accounts and one belonging to Lim.
The transactions occurring between Aug 7, 2015 and Aug 17, 2018 were the subject matter of the prosecution’s forfeiture application against the couple.
Among the 13 transactions, Tan said, were a RM85,864.21 payment to the Inland Revenue Authority of Singapore, S$2,656,786.34 in proceeds from the sale of Ng’s house in Singapore, RM13,737.50 in dividends from the company shares and RM170,183.11 in fund transfers between the husband and wife.
“What is wrong with transferring money to the wife?” said Tan.
He said the prosecution had failed to prove that the couple’s bank accounts were a subject matter in relation to the commission of an offence under the AntiMoney Laundering Act or proceeds from illegal activities.
The hearing before judge Mohamed Zaini Mazlan continues on Monday.
On May 8, 2019, the AttorneyGeneral’s Chambers (AGC) filed a notice of forfeiture over hundreds of items, including branded handbags and 27 vehicles seized from 18 people and companies.
Money amounting to more than RM18 million in several accounts at Bank Islam Malaysia Bhd, Al-Rajhi Bank Bhd, Malayan Banking Bhd, CIMB Bank Bhd, RHB Bank Bhd, Public Bank Bhd, AmBank Bhd and Hong Leong Bank Bhd was frozen between Aug 16, 2018, and March 11, 2019.
It named Najib as the first respondent followed by his wife, Datin Seri Rosmah Mansor, Riza Shahriz Abdul Aziz, Nor Ashman Razak Mohd Najib, Nooryana Najwa Mohd Najib, Mohd Kyizzad Mesran, Senijauhar Sdn Bhd, Aiman Ruslan, Yayasan Rakyat 1Malaysia, Yayasan Semesta, Yayasan Mustika Kasih, Rembulan Kembara Sdn Bhd, Goh Gaik Ewe, Ng, Lim, Kee Kok Thiam, Tan Vern Tact and Geh Choh Hun as the second to 18th respondents.
The application was filed on the grounds that the prosecution, acting under Section 56 (1) read together with Section 376 of the Criminal Procedure Code, was satisfied that the items seized between May 17, 2018, and March 11, 2019 were related to an offence under Section 4 (1) or the result of illegal activities involving the respondents.