KUALA LUMPUR: The High Court here on Monday (July 24) was told that former 1Malaysia Development Berhad (1MDB) chief executive officer Arul Kanda Kandasamy and its former chairman Tan Sri Mohd Irwan Serigar Abdullah cannot be liable for losses incurred by the company due to irregularities committed by others.
Arul Kanda's counsel, Sanjay Mohan, submitted that the issue pertaining to 1MDB's financial losses was raised in 2014, a year before his client's appointment in the company.
"The allegation raised by the plaintiff (1MDB) was made without any evidence. The investigation against 1MDB started on Feb 27, 2015, pertaining to its transactions between 2010 and 2014. My client was part of the new management. He was never implicated in any way," he insisted.
Meanwhile, counsel Lavinia Kumaraendran, representing Mohd Irwan, argued that the former Treasury secretary-general was appointed to the 1MDB board in 2016 and there was no direct link that the purported losses were the result of his wrongdoings.
"The investment of Brazen Sky Limited and the payment of Aabar Investments PJS Limited were clearly unsustainable, as the court has yet to determine that 1MDB suffered losses of US$1.83bil (RM8.05bil) and US$3.5bil (RM15.4bil)," she said adding that the plaintiff's suit against Mohd Irwan was premature.
The lawyers said this in their argument to strike out a US$6.59bil suit filed by 1MDB against Arul Kanda and Mohd Irwan before Judicial Commissioner (JC) Datuk Raja Ahmad Mohzanuddin Shah Raja Mohzan.
Meanwhile, lawyer Brendan Siva, who represented 1MDB, countered that the suit must go for a full trial as it is the responsibility of 1MDB to make sure all parties are questioned to recover missing funds.
Lawyer Datuk Lim Chee Wee, also representing 1MDB, said the suit is to prove what they ought to have done and what they failed to do at that time.
"They failed to inquire, investigate and ascertain 1MDB's various failed investments and to recover the funds," said Lim.
After hearing submissions from all parties, JC Raja Ahmad fixed Aug 23 to deliver his decision.
In May 2021, 1MDB filed a suit against the duo over an alleged breach of trust and conspiracy, causing 1MDB to suffer losses amounting to US$1.83bil, in relation to its investment in 1MDB-Petrosaudi Ltd, which was converted into the alleged Brazen Sky Limited investment, said to be found in the Bridge Global Fund.
1MDB also claimed that Arul Kanda and Mohd Irwan committed a breach of trust and conspiracy by misappropriating 1MDB money, amounting to US$3.5 billion, paid to Aabar Investments and US$1.265bil, paid to International Petroleum Investment Company (IPIC), on May 9, 2017.
1MDB alleged that Mohd Irwan also conspired with Arul Kanda to cause the company to implement the Employment Extension Agreement, and made a substantial payment of RM2,905,200 to Arul Kanda in accordance with the agreement, regardless of 1MDB's interests, causing the company to suffer losses and damage.
In this regard, 1MDB, among others, demanded that the two defendants pay US$6.59bil for the breach, and an additional RM2.9mil from Mohd Irwan in relation to the Employment Extension Agreement. – Bernama
