KUALA LUMPUR (March 10): A High Court judicial commissioner (JC) presiding in the forfeiture case against 1Malaysia Development Bhd's (1MDB) former general counsel Jasmine Loo Ai Swan on Wednesday (March 9) is said to be awaiting further instructions on whether she should recuse herself or continue to preside over the matter.
JC Roz Mawar Rozain is therefore awaiting instructions from Chief Judge of Malaya Tan Sri Azhar Mohamed on this — as she is said to be considering recusing herself from hearing the matter.
It is understood that Roz Mawar, before being appointed as a JC last month, was the deputy director of prosecution and civil enforcement of the Securities Commission Malaysia (SC). The SC is said to be one of the agencies investigating 1MDB.
The case against Loo was called up on Wednesday, where the prosecution informed the court that substitute service had been enforced. A substitute service is utilised to serve court documents on individuals who could not be reached or traced. This may be via advertisements placed in newspapers or other similar means.
Loo, 48, who is one of the principal characters in the 1MDB scandal, is said to have left the country before the 14th general election in May 2018.
It is learnt that Roz Mawar informed on Wednesday that she was considering recusing herself from presiding in the case, and was awaiting further instructions.
Hence, the court has fixed March 25 for case management to possibly decide on the matter of recusal. Prior to this, Justice Datuk Ahmad Shahrir Mohd Salleh presided over the matter in January before his transfer to the High Court's civil division.
A case of forfeiture was filed under Section 56 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUA) against Loo in November 2021.
In the application, the prosecution sought to seize two vehicles and two properties, one of which is in Mukim Batu, Kuala Lumpur, theedgemarkets was made to understand. The value of the properties is unclear. The cars, meanwhile, are said to be a Volkswagen Beetle and an Audi.
Section 56 of the AMLATFPUA stipulates forfeiture of properties where there is no prosecution.
Previously, theedgemarkets.com reported that Loo's Mont’Kiara condo was set to be auctioned off following an application filed by OCBC Bank (Malaysia) Bhd over her alleged failure to settle an outstanding loan sum of more than RM300,000.
She is said to be one of the central characters in fugitive businessman Low Taek Jho's (Jho Low) inner circle in the 1MDB scandal as her name has cropped up on numerous occasions in the present 1MDB-Tanore trial involving former prime minister Datuk Seri Najib Razak.
On Feb 9 last year, the government through the Inland Revenue Board filed two legal suits to recover RM2.4 million in tax arrears from Loo and RM6.7 million from another Jho Low associate, Casey Tang Keng Chee.
On Feb 18, the High Court obtained a judgement in default against Loo over the unpaid tax.