Malaysia

JC Roz Mawar recuses self from 1MDB v Irwan, Arul Kanda suit

She cites previous involvement with company’s investigation as prosecution

Updated 3 years ago · Published on 22 Sep 2022 10:15PM

JC Roz Mawar recuses self from 1MDB v Irwan, Arul Kanda suit
Jucidial commisioner Roz Mawar Rozain has recused herself from hearing the 1Malaysia Development Bhd suit against Tan Sri Mohd Irwan Serigar Abdullah and Arul Kanda Kandasamy today, citing her previous involvement with investigating the company. – AFP pic, September 22, 2022

KUALA LUMPUR – A judicial commissioner (JC) recused herself from hearing the 1Malaysia Development Bhd (1MDB) suit against former treasury secretary-general Tan Sri Mohd Irwan Serigar Abdullah and former 1MDB chief executive officer Arul Kanda Kandasamy, today.

1MDB is claiming US$6.59 billion (approximately RM30.10 billion) from the duo, said Lavinia Kumaraendran who represents Irwan, when contacted by reporters today after being called for case management before JC Roz Mawar Rozain.

“Therefore, the case management date is fixed for September 27 and the hearing of Mohd Irwan and Arul Kanda’s application to cancel the 1MDB suit on October 19, has been vacated,” said the lawyer.

The application to quash the suit was supposed to be heard before Roz Mawar, replacing judge Datuk Amarjeet Singh who has been transferred to the high court appellate and special powers division here.

It is understood that Roz Mawar, before being appointed as JC, held the position of deputy director of prosecution and civil enforcement of the Securities Commission Malaysia and the SC was one of those involved in the 1MDB investigation.

Arul Kanda and Irwan were sued by 1MDB in May last year, in connection with their alleged breach of trust and conspiracy resulting in the company suffering losses amounting to US$1.83 billion in connection with an investment in 1MDB-Petrosaudi Ltd that was converted to an investment in Brazen Sky Limited (Brazen Sky). It was then converted into an investmentment in Bridge Global Fund.

1MDB also claimed that the two defendants committed breach of trust and conspiracy by embezzling US$3.5 billion of 1MDB money paid to Aabar Investments and US$1.265 billion paid to International Petroleum Investment Company on May 9, 2017.

According to 1MDB, Irwan also conspired with Arul Kanda to cause the company to execute the employment agreement extension and make payments amounting to RM2,905,200 to Arul Kanda in accordance with the agreement, without regard to the interests of 1MDB – thus causing the company to suffer losses.

Therefore, 1MDB, among others, demanded that the two defendants pay US$6.59 billion in relation to the breach and an additional RM2.9 million from Irwan with regard to the employment agreement extension. – Bernama, September 22, 2022

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