New Straits Times

‘BUNGALOW NOT LINKED TO 1MDB CASE’

Property owned by Jho Low’s mum purchased before 1MDB was even set up, says her counsel

- KHAIRAH N. KARIM KUALA LUMPUR news@nst.com.my

THE High Court was told yesterday that a threestore­y bungalow in Penang owned by the mother of fugitive businessma­n Low Taek Jho @ Jho Low had nothing to do with the 1Malaysia Developmen­t Bhd (1MDB) scandal.

Counsel M. Puravalen, who represente­d Low’s mother Puan Sri Goh Gaik Ewe, said there was nothing to show the property was purchased or funded by misappropr­iated money or illegal proceeds.

He said the bungalow in Tanjung Bungah Park was purchased before the sovereign wealth fund was even establishe­d.

Puravalen said this during submission in the prosecutio­n’s 1MDB-linked forfeiture applicatio­n against Goh and 17 others, which included former prime minister Datuk Seri Najib Razak, Najib’s family as well as several individual­s and companies.

He said the bungalow erected on two plots of land was purchased by Goh, 69, back in 1990.

Referring to the sale and purchase agreements of both plots of land, Puravalen said the documents clearly showed that the registrati­on of transfer occurred on July 11, 1990 and Aug 4, 1993 respective­ly, and that Goh was the registered owner to date.

“There is nothing to explain how the property is related to any illegal proceeds. The prosecutio­n has failed to establish any facts explaining the involvemen­t of the property in the predicate offence or any unlawful activities.”

Thus, he said the bungalow should not be a subject matter of the forfeiture proceeding.

On the monies in Goh’s three bank accounts which also became the subject matter of the forfeiture action, Puravalen said there was no documentar­y evidence showing that the deposits in the accounts were acquired from illegal transactio­ns or procured through illegal activities.

He said the prosecutio­n lacked explanatio­n and substantia­l evidence to support their allegation­s that the bank accounts were the subject matter of the offence concerning the misappropr­iated 1MDB funds.

“There was also an absence of any linkage or explicit explanatio­n to show that Goh was involved or participat­ed in any illegal activities,” the lawyer said.

Among the deposits which were the subject matter in the applicatio­n were RM328,418.32 on Oct 13, 2016; RM340,704. 64 on Nov 11, 2016 which was marked as “credit advice”; RM360,000 on Jan 21, 2017 which was made in Goh’s Hong Leong Bank Bhd account; RM33, 649. 58 on March 13, 2014, and RM36,631.07 on May 7, 2013 which was marked as a “private transactio­n”.

He said the applicant had left unexplaine­d their contention that these monies which were deposited into the bank accounts of Goh originated from illegal sources or were subject matters related to the commission of an offence.

Puravalen said there was also nothing to link Goh to the money laundering allegation­s.

He added that no money trail or movement of money was described by either of the investigat­ing officers in the case, namely Assistant Commission­er R. Rajagopal and Superinten­dent Foo Wei Min, to support their contention that the deposits in question were from criminal activities.

The hearing before judge Mohamed Zaini Mazlan continues on April 23.

On May 8, 2019, the AttorneyGe­neral’s Chambers (A-GC) filed a notice of forfeiture over hundreds of items, including branded handbags and 27 vehicles seized from 18 individual­s and companies.

In addition, 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 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 Chong Hwa, Lim Hwee Bin, Kee Kok Thiam, Tan Vern Tact and Geh Choh Hun as 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) of the AntiMoney Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act or as the result of illegal activities involving the respondent­s.

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