KUALA LUMPUR (Aug 30): The prosecution in the forfeiture hearing against 18 individuals and entities to seize more than RM31 million worth of assets and valuables in relation to 1Malaysia Development Bhd (1MDB) claimed that former premier Datuk Seri Najib Razak had failed to rebut facts showing that the funds that entered his AmBank 9694 account were from illegal sources.

Deputy public prosecutors Saifuddin Hashim Musaimi, Liew Horng Bin and Harris Ong Jeffrey Ong told the High Court that it was impossible for Najib, who has control of the account, to claim that he did not know the source of the funds was illicit.

“A total of approximately RM2.9 billion had entered into his account. The account is opened to accept money from Good Star, Aabar and Tanore, known entities which had received 1MDB funds,” they said in their written submissions sighted by theedgemarkets.com.

“The testimony in the affidavit by Assistant Commissioner R Rajagopal should be seen as a continuation and its link to the illegal money as shown by another police officer Superintendent Foo Wei Min.”

The basis of Foo's findings, the prosecution added, is the result of this forfeiture action.

Saifuddin said just because Najib and his wife Datin Seri Rosmah Mansor were facing ongoing charges, does not mean that the properties could not be forfeited.

Saifuddin and Liew added that the forfeiture action on the others is not an abuse of the court process and the court should grant the application to seize the said properties.

They added that should the others dispute the claim, they could still apply to retrieve the assets via third party proceedings.

Besides Najib and Rosmah, the government through the prosecution had also named their children Nor Ashman Razak and Nooryana Najwa, as well as Najib's stepson Riza Aziz as among the respondents.

Others included former Goldman Sachs banker Roger Ng and his wife Lim Hwee Bin, fugitive businessman Jho Low's mother Puan Sri Goh Gaik Ewe, Mohd Kyizzad Mesran, Senijauhar Sdn Bhd, Aiman Ruslan, Yayasan Rakyat 1Malaysia, Yayasan Semesta, Yayasan Mustika Kasih and Rembulan Kembara Sdn Bhd.

Besides this, former 1MDB officers Kee Kok Thiam, Tan Vern Tact and Terence Geh Choh Hun, who are said to be close associates of Jho Low, were also named as respondents.

Among the seized items were 263 handbags, watches, cash kept in the bank, Goh's bungalow and several vehicles.

Goh was represented by M Puravalen, while Datuk Tan Hock Chuan appeared for Ng and Lim. Tania Scivetti appeared for Najib while Iskandar Shah Ibrahim and Azamuddin Abdul Aziz appeared for Rosmah and her children, including Riza.

Justice Mohamed Zaini Mazlan fixed Nov 8 as the date to deliver his decision.