Handbags, shoes owned by Rosmah, Nooryana were gifts from friends, dignitaries - Lawyer

Lawyer Iskandar Shah Ibrahim who is representing the wife and daughter of the former prime minister, Datin Seri Rosmah Mansor and Nooryana Najwa also said there were no money trail to show all the assets were from the misappropriation of 1MDB funds.

Counsel Iskandar Shah Ibrahim said based on an affidavit of 1MDB investigating officer Supt Foo Wei Min, the prosecution itself could not confirm if the handbags as well as shoes were gifts or acquired with wealth from illegal activities.

"The handbags confiscated were gifts from close friends including dignitaries, Datin Seri Rosmah's in-laws, Nooryana's mother-in-law as well as other unidentified people.

"We argued that the applicant (prosecution) could not identify or evaluate all branded handbags except Hermes bags. On the balance of probability, it is not impossible for Datin Seri Rosmah and Nooryana who are the wife and daughter of the former prime minister to accept them as gifts or make their own acquisition," he said when arguing in the proceeding of claim to forfeit the ownership from Rosmah and Nooryana and 16 others.

On May 8 2019, the Attorney-General's Chambers filed a forfeiture notice on hundreds of items including handbags of various brands and 27 vehicles seized from Najib, Rosmah, their three children as well as 13 individuals and companies linked to 1MDB.

Apart from that, money amounting to more than RM18 million in several bank accounts in 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 were frozen between Aug 16 2018 and March 11 2019.

In the notice of forfeiture, the prosecution named Najib, Rosmah and children, Nor Ashman Razak, Riza Shahriz Abdul Aziz (Najib's stepson) and Nooryana Najwa, Mohd Kyizzad Mesran, Senijauhar Sdn Bhd, Aiman Ruslan, Yayasan Rakyat 1Malaysia, Yayasan Semesta, Yayasan Mustika Kasih, Rembulan Kembara Sdn Bhd, Goh Gaik Ewe, Roger Ng Chong Hwa (former Goldman Sachs bank officer) and his wife, Lim Hwee Bin, Kee Kok Thiam, Tan Vern Tact and Geh Choh Hun as the first to 18th respondents.

On the 27 pairs of shoes seized, Iskandar Shah argued that Foo's allegation in his affidavit stating that it was impossible for Nooryana to own the shoes was baseless as the woman had clearly disclosed her source of income and submitted valid evidence through her affidavit.

"In fact, Foo in his affidavit did not make any evaluation to determine whether Nooryaya could afford to buy or not, as such there is a possibility that the shoes concerned were not from illegal activities.

"Foo's affidavit also did not deny that the bags were gifts or giveaways, but Foo at the same time puts the burden of Nooryana to prove it by submitting a purchase receipt or the like," he said.

Iskandar Shah added that the approach taken by Foo was unfair because no trace of money was submitted or the testimony of witnesses who directly stated that the property involved was the result of illegal activities related to 1MDB funds.

Meanwhile, lawyer Azamuddin Aziz, who argued on behalf of Riza Shahriz and Nor Ashman Razak, said there was no evidence of cash flow to show that 1MDB funds were used to buy 10 watch straps belonging to them.

"Foo in his supporting affidavit said that Nor Ashman did not have an income tax file at all and thought in that situation it was not possible for him to buy the watches.

"However, Nor Ashman in his affidavit in reply said that the four watch straps seized were given by his father and his friends. Riza Shahriz, on the other hand, said that he had bought the six watch straps and had submitted the receipt even though it was still disputed by the applicant, "he said.

Azamuddin said all the respondents were very consistent in their statement that all the property confiscated were personal gifts and from a legitimate acquisition and requested that the application for forfeiture of property be rejected.

Judge Mohamed Zaini Mazlan set June 18 for the prosecution to reply to the submissions.