Former Umno division leader Khairuddin Abu Hassan today filed a suit at the High Court in Shah Alam against Prime Minister Najib Abdul Razak’s wife Rosmah Mansor for the return of a pink diamond worth US$23 million and an accompanying necklace worth US$4.3 million to 1MDB.
He also wants Penang-born businessperson Jho Low to return the money which he had allegedly misappropriated from the state fund.
Khairuddin further seeks for both of them to pay an equitable compensation to 1MDB over the misappropriated money they had allegedly taken.
Although the suit was filed in Shah Alam High Court, the case has now been fixed for mention before a Kuala Lumpur High Court registrar on Sept 15.
The former Batu Kawan Umno division vice-head named Rosmah, Jho Low and 1MDB as the defendants in the legal action.
Khairuddin, who is also the Citizens’ Declaration coordinator and had previously lodged various reports in several foreign jurisdictions, said he brought the action as a taxpayer in a public interest litigation.
In his statement of claim, he alleged that between June 2013 and March 2014, Jho Low whose real name is Low Taek Jho, had acted through his agent Eric Tan to purchase jewellery from Lorraine Schwartz in New York for the sum of US$27.3 million, which he had allegedly misappropriated.
“As a result, Jho Low acquired no title of the said jewellery. This remains the property of the third defendant (1MDB).”
The said jewellery, Khairuddin alleged, was received by Rosmah sometime in March 2014.
“The first defendant (Rosmah) gave no consideration for the said jewellery. Therefore, she has no title in law or equity to it. 1MDB is therefore entitled to trace the jewellery.
“Although the jewellery, in law, belongs to 1MDB, it will not bring any suit or proceeding against Rosmah because it is under the control of Najib, who will not permit any action to be brought,” he said in the statement of claim.
Khairuddin said despite overwhelming evidence that 1MDB money was stolen or misappropriated, 1MDB has continued to deny the fact.
He added that the taxpayers will ultimately benefit with the return of the jewellery as they are the ultimate paymasters of the 1MDB debts.
In the United States Department of Justice’s latest action filed in June, it stated that the US$620 million returned “donation” was used, among others, to purchase the jewellery for the wife of Malaysian Official 1 (MO1) and Australian model Miranda Kerr and her mother. The purchases were made by Jho Low.
Kerr had returned the US$8.1 million worth of jewellery to DOJ on June 27.