No proof to show monies in Roger Ng's bank account flowed from 1MDB

Lawyer Datuk Tan Hock Chuan representing Ng and his wife, Lim Hwee Bin, submitted that there was no evidence in the affidavits of two investigating officers, Supt Foo Wei Min and ACP R. Rajagopal showing the flow of funds in the seven accounts were related to 1MDB.

“The money that flowed to the seven accounts belonging to Ng and Lim was their own money and there is no prima facie evidence showing that the funds in their accounts were proceeds of illegal activities.

“The transactions in question are between Aug 7, 2015, and Aug 17, 2018. Out of the seven bank accounts, four were Ng’s, two were his joint accounts with Lim and one was Lim’s,” said Tan in his submission in the government-linked forfeiture suit against the couple and 16 others.

Among the 13 transactions submitted at the hearing today were those involving SG$2,656,786.34 in proceeds of the sale of Ng’s house in Singapore on May 19, 2017; RM13,737.50 in company shares on Aug 17, 2018; RM85,864.21 in payment to the Inland Revenue Authority of Singapore (IRAS) on May 21, 2018; as well as RM170,183.11 in the transfer of funds between Ng to Lim on Aug 7, 2015.

Tan further submitted that the burden is now placed on the prosecution to prove on the balance of probabilities that the bank accounts belonging to the couple were a subject matter in relation to the commission of an offence under the Anti-Money Laundering Act or proceeds from illegal activities.

Tan then asked the court to dismiss the forfeiture suit against Ng and Lim.

The hearing before Justice Mohamed Zaini Mazlan will resume on April 5.

On May 8, 2019, the Attorney-General’s Chambers (AGC) filed a notice of forfeiture over hundreds of items including branded handbags and 27 vehicles seized from former Prime Minister Datuk Seri Najib Tun Razak and his wife, Datin Seri Rosmah Mansor, their three children and 13 individuals and companies, said to be linked to 1MDB.

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 the Hong Leong Bank Bhd was frozen between Aug 16, 2018, and March 11, 2019.

It named Najib as the first respondent followed by Rosmah, 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 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 as the result of illegal activities involving the respondents.