KUALA LUMPUR: The High Court here today granted Datin Seri Rosmah Mansor a conditional stay of payment of RM67.5 million to Lebanon-based jeweller Global Royalty Trading SAL over the loss of 43 pieces of jewellery, pending her appeal.
However, Judicial Commissioner Marianne Antoinette Ghani ordered Rosmah to deposit the full judgment sum of RM67,461,027.37 into a joint stakeholders’ account held by solicitors for both parties within one month from today.
The conditional stay of execution means that Rosmah is not required to pay the money directly to Global Royalty while her appeal is pending at the Court of Appeal, provided she complies with the court’s order to deposit the sum.
Marianne, in delivering her decision via Zoom, said the court found that the conditional stay, which requires the defendant to deposit the judgment sum into a stakeholder account held for both parties, best balances the rights of both parties.
“This will ensure that the plaintiff, as the successful litigant, is assured of the fruits of its successful litigation and avoid the prejudice caused by an unconditional stay if the appeal is dismissed.
“Whilst ensuring that the defendant’s rights of appeal shall not be rendered nugatory should her appeal be allowed, as the judgment funds shall remain within the jurisdiction and are easily, therefore, recoverable,” she said.
“In the circumstances, the court orders that a conditional stay of execution be granted to the defendant pending her appeal to the Court of Appeal,” Marianne said.
During the proceedings, Rosmah was represented by counsel M. Reza Rahim, while Datuk David Gurupatham appeared for Global Royalty.
On June 10, the High Court ordered the wife of former prime minister Datuk Seri Najib Razak to pay RM67.5 million to Global Royalty within one month after finding her liable for the missing pieces said to have been in her custody.
Dissatisfied with the decision, Rosmah filed an appeal with the Court of Appeal on June 12, seeking a stay of execution of the said decision pending her appeal.
Global Royalty filed the lawsuit on March 29, 2023, alleging that Rosmah had falsely claimed that 44 pieces of jewellery including diamond necklaces, bracelets, and tiaras sent to her by the company’s agent had been seized by the Malaysian authorities under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
The company claimed that only one of the 44 pieces of jewellery was retained by the police, while the remaining 43 pieces were not in their custody.
Global Royalty further asserted that Rosmah had shifted the responsibility to the Malaysian government when, in fact, the jewellery had gone missing.
Meanwhile, David said in a statement today that if Rosmah fails to deposit the full judgment sum within the 30 days, Global Royalty will be entitled to proceed with the execution of its judgment.
“We are pleased with the High Court’s decision today, which ensures that Global Royalty’s judgment is fully protected and secured pending the appeal,” he said in the statement jointly issued with counsel Venothani Rajagopal.
— BERNAMA
