KUALA LUMPUR: Former 1Malaysia Development Bhd (1MDB) general counsel Jasmine Loo, refused to answer questions regarding a witness protection programme she is allegedly part of.
She refused when testifying in a lawsuit by the sovereign wealth fund against filmmaker Riza Aziz and two others
Jasmine Loo, 52, told Riza's lawyer Tan Sri Muhammad Shafee Abdullah that it was "inappropriate" for her to comment when he suggested she was a protected witness.
"I apologise. It's inappropriate to comment," Loo said during a hearing at the High Court on Monday (Oct 28).
Loo was cross-examined as the plaintiff's witness in a lawsuit initiated by 1MDB and its subsidiaries against Datuk Seri Najib Razak's stepson, Riza Aziz, also known as Riza Shahriz Abdul Aziz, and his two companies for the misappropriation of funds from 1MDB.
Muhammad Shafee acknowledged that he was fully aware of the Witness Protection Act 2009.
Muhammad Shafee: You are produced in open court, not behind a screen where only your voice is heard. Are you under a witness protection programme?
Loo: I'm unable to answer. The law says I shouldn't answer.
Muhammad Shafee: In fact, you are hiding behind this programme.
Loo: I'm unable to answer or comment. I've been advised by my lawyers at AmerBon not to comment.
Muhammad Shafee suggested that Switzerland was actively pursuing Loo's extradition for prosecution linked to 1MDB.
"I am not aware," Loo replied.
Muhammad Shafee then questioned her about her company, River Dee International SA.
Loo said the company was set up to receive funds from fugitive financier Low Taek Jho, known as Jho Low, for investment purposes.
The company received between USD16mil and USD18mil from Low, she said.
Loo also admitted to not paying tax on the money as they were "structured" payments.
"I have been sued by the Inland Revenue Board (LHDN) and I have agreed to pay my dues on these additional earnings," she said.
Muhammad Shafee: For how much?
Loo: RM2.5mil.
Muhammad Shafee: This is tax on which income?
Loo: I cannot recall.
Muhammad Shafee: You settled with them?
Loo: Yes, I am paying them in instalments.
Muhammad Shafee: You're paying them?
Loo: My family is.
Muhammad Shafee: This is because you evaded tax?
Loo: Yes.
The witness was also asked about another lawsuit in which she was sued by 1MDB for "billions of ringgit."
Muhammad Shafee suggested that despite being the plaintiff's witness in the present case, Loo herself was sued by 1MDB and made a deal with 1MDB to testify in their favour, in return for withdrawing the lawsuit against her.
Loo denied this.
Muhammad Shafee: So you're saying you're just taking your chances in the civil suit with billions.
Loo: Yes.
On May 7, 2021, 1MDB and three of its subsidiaries, 1MDB Energy Holdings Ltd, 1MDB Energy Ltd, and 1MDB Energy (Langat) Ltd, sued Riza Shahriz and his two companies for allegedly receiving around USD248mil in funds that they misused for personal gain, including financing a film and purchasing various properties.
1MDB, as the plaintiff, also said that the defendants had knowingly received funds where the funds had been misappropriated from 1MDB and dishonestly assisted in breaches of fiduciary duty and/or breaches of trust by Low.
The plaintiffs are seeking a declaration that Riza Shahriz is responsible for the misappropriated funds and demanding repayment.
In a statement of defence filed on Oct 25, 2021, Riza Shahriz and his two companies claimed to have obtained a loan from the Saudi royal family or the International Petroleum Investment Company to produce films in the United States.
The hearing resumes before Judicial Commissioner Raja Ahmad Mohzanuddin Shah Raja Mohzan in the afternoon.
