KUALA LUMPUR: Former 1Malaysia Development Bhd (1MDB) general counsel Jasmine Loo Ai Swan is using the witness protection "programme" to avoid prosecution by Swiss authorities for her role in the company's financial debacle, the High Court heard today.
Senior lawyer Tan Sri Muhammad Shafee Abdullah, said the Swiss authorities were actively seeking Loo's extradition following the corrupt dealings of the sovereign wealth fund in the country.
Shafee said this when cross-examining Loo in the 1MDB civil lawsuit against Datuk Seri Najib Razak's stepson Riza Aziz, Red Granite Pictures Inc and Red Granite Capital Ltd, as defendants before judicial commissioner Datuk Raja Ahmad Mohzanuddin Shah Raja Mohzan.
Shafee is representing Riza, whose full name is Riza Shahriz Abdul Aziz.
However, Loo dismissed all of Shafee's claims, stating that she was unaware of Switzerland's extradition request and affirming that she had not made any deals with Malaysian authorities.
The 51-year-old witness also refused to answer Shafee's additional questions regarding her participation in the witness protection programme, following advice from her lawyers at AmerBON & Associates.
Shafee: I put it to you that you have made arrangements with the relevant Malaysian authorities to provide evidence against Najib and Riza Aziz in exchange for not being criminally charged in court.
Loo: I disagree.
Shafee: The civil proceedings against you would be withdrawn as soon as you completed your testimony in court.
Loo: I disagree.
Shafee: Your criminal and civil cases have yet to begin to create the impression that no deal has been made between you and the authorities.
Loo: I disagree.
Shafee: You are in the witness protection programme so that the authorities can prevent your extradition to Switzerland.
Loo: I cannot comment. I disagree.
On May 7, 2021, 1MDB and three of its subsidiaries sued Riza and his two companies for allegedly receiving around US$248 million in funds they misused for personal gain, including financing a film and purchasing various properties.
The suit, filed by 1MDB and its subsidiaries 1MDB Energy Holdings Ltd, 1MDB Energy Ltd and 1MDB Energy (Langat) Ltd, seeks a declaration that Riza is responsible for the misappropriated funds and demands repayment.
Riza and his two companies, in a statement of defence filed on Oct 25, 2021, claimed to have obtained the loan from the Saudi royal family or the International Petroleum Investment Company to produce several films in the United States.
He claimed that it was difficult for an unknown film producer to obtain bank loans and that had compelled him to seek funds from individuals or companies.
The trial before judicial commissioner Datuk Raja Ahmad Mohzanuddin Shah Raja Mohzan continues.