KUALA LUMPUR: Former general counsel of 1Malaysia Development Bhd (1MDB) Jasmine Loo declined to answer questions, relating to a witness protection programme which she allegedly is a part of, while testifying at the High Court.
Loo, 51, was testifying as 1MDB’s witness in a lawsuit initiated by the sovereign wealth fund against filmmaker and former prime minister Datuk Seri Najib Razak’s stepson Riza Aziz, or his full name Riza Shahriz Abdul Aziz, and two others yesterday for misappropriation of funds from 1MDB.
She told Riza’s lawyer Tan Sri Muhammad Shafee Abdullah that it was “inappropriate” for her to comment when the latter suggested that she’s a protected witness.
“I apologise. It’s inappropriate to comment,” said Loo, who was cross-examined by Muhammad Shafee.
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. I’ve been advised by my lawyers at AmerBon not to comment.
Muhammad Shafee also suggested that Switzerland was actively pursuing Loo’s extradition for the purpose of prosecution linked to 1MDB there.
“I am not aware,” Loo replied.
Muhammad Shafee then questioned the witness about her company, River Dee International SA.
Loo said the company was set up to receive funds from fugitive financier, Low Taek Jho, or Jho Low, for investment purposes.
The company had received between US$16mil and US$18mil in total from Low, she said.
Loo also admitted to not paying tax on the monies as they were “structured” payments.
“I have been sued by the Inland Revenue Board and I have agreed to pay up 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 installments.
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”.
Loo, however, denied a contention by Muhammad Shafee that she made a deal with 1MDB to testify in their favour in return for 1MDB to withdraw its lawsuit against her.
On May 7, 2021, 1MDB and three of its subsidiaries, namely 1MDB Energy Holdings Ltd, 1MDB Energy Ltd and 1MDB Energy (Langat) Ltd, sued Riza and his two companies for allegedly receiving around US$248mil in funds that they misused for their personal gain, including financing a film and purchasing various properties.
1MDB, as the plaintiff, also stated that the defendants had knowingly received funds in circumstances where the funds had been misappropriated from 1MDB and dishonestly assisted in the breaches of fiduciary duty and/or breaches of trust by Low.
The plaintiffs are seeking a declaration that Riza is responsible for the misappropriated funds and demand repayment.
In a statement of defence filed on Oct 25, 2021, Riza and his two companies claimed to have obtained a loan from the Saudi royal family or the International Petroleum Investment Company to produce several films in the United States.
The hearing before Judicial Commissioner Raja Ahmad Mohzanuddin Shah Raja Mohzan resumes tomorrow.