KUALA LUMPUR (July 22): The High Court has rejected an application by the prosecution seeking a stay of execution against a decision last November on the return of close to RM16 million worth of assets and properties belonging to former prime minister Datuk Seri Najib Razak, his wife Datin Seri Rosmah Mansor, their son Nor Ashman Razak Najib, Rosmah's son Riza Aziz, and five others said to be related to 1Malaysia Development Bhd (1MDB).

The five others are former Goldman Sachs banker Roger Ng Chong Hwa; his wife Lim Hwee Bin; Goh Gaik Ewe, mother of Low Taek Jho or Jho Low; Aiman Ruslan; and Senijauhar Sdn Bhd.

Justice Mohamed Zaini Mazlan rejected the prosecution's application for a stay on returning the assets as he surmised that the prosecution could keep the assets until they appeal the decision at the Court of Appeal and the Federal Court.

"There is no need for this application. You're entitled to hold on to the goods until this appeal is disposed off at the Federal Court. Whether I reject it or not, you're still entitled to hold on to the goods," he said on Friday after rejecting the application brought by the prosecution.

The prosecution was represented by Deputy Public Prosecutor Harris Ong Mohd Jeffery Ong, while Datuk Tan Hock Chuan was representing Ng and Lim and Mardhiyah Siraj was representing Najib's faction.

When submitting before Zaini, Hock Chuan also said that the application was not needed as the assets which were seized from his clients had been returned to them.

Ng and Lim are the 14th and 15th respondents in the 1MDB-linked asset forfeiture move by the government. The government was seeking to retrieve RM1.88 million deposited into seven accounts owned by the couple, with five of them at Malayan Banking Bhd (Maybank) and two at RHB Bank Bhd.

However, since the High Court dismissed the forfeiture order on Nov 8 last year, Hock Chuan told the judge that his client's had already received the money from the banks.

"RHB and Maybank have released the money to my clients. They (the prosecution) have asked the bank to release the money [to Ng and Lim] now they're asking for a stay. It reverses the decision," Hock Chuan said.

Justice Zaini then asked Harris: "The money isn't there. If I grant the order, what is it that you want to seize?"

Harris replied that this application was academic. 

Harris also said that the case management for the prosecution's appeal at the Court of Appeal will be held on Sept 6.

On Nov 8, 2021, Justice Zaini dismissed an application for forfeiture against nine out of 18 respondents named in the application that included Najib, Rosmah, Riza, Goh, Ng and Lim.

"There were no credible attempts made to show the nexus between the properties seized and the unlawful activities. No evidence has been proffered to show that the properties seized were bought using the monies in Najib's bank accounts.

"The applicant merely listed down the properties seized and their value, and in turn concluded that these respondents did not have the means to have such huge amounts of cash or purchase these properties with their income, or the lack of it," Justice Zaini said in his decision last November.

Among the assets the authorities had seized in the forfeiture included 263 branded handbags, cash in various denominations amounting to some RM725,000, and 27 Nissan vehicles, all said to be worth in excess of RM31 million.

For Ng and his lawyer wife, Lim, the prosecution failed to forfeit funds from their seven bank accounts.

On April 8, Ng was found guilty by a US court of corruption charges related to his role in helping loot hundreds of millions of dollars from 1MDB.

He was charged for his role involving the sale of security notes and bonds valued at US$6.5 billion belonging to a subsidiary of 1MDB.

He is the only former Goldman banker involved in the scandal to go on trial.

As for Goh, the prosecution failed to forfeit the Penang Tanjung Bungah bungalow that she owns while for Senijauhar, it was concerning the aforementioned Nissan vehicles.

The court, however, allowed the forfeiture of assets of former 1MDB officers Kee Kok Tham, Tan Vern Tact, and Geh Choh Hun — respondents 16, 17, and 18, respectively — amounting to RM8.277 million in various bank accounts as they have absconded from Malaysia since April 2018.