PETALING JAYA - Datin Seri Rosmah Mansor must prove the whereabouts of the 44 pieces of jewellery she received from Global Royalty Trading SAL, said the lawyer representing the Beirut-based jeweller.
Datuk David Gurupatham pointed out that Rosmah claimed the goods were seized by police and in a civil case, the burden was on her to substantiate this.
"Bearing that in mind, her position will depend on whether the goods are seized," he said yesterday.
On June 26, 2018, Global Royalty Trading sued Rosmah, demanding that she return jewellery sent to her for viewing purposes, or to pay the full price of all the items worth US$14.79 million (S$20.11 million).
David noted the findings were equally important for his client, because if the goods were not seized then the civil suit can proceed.
"And in which case, she may have to pay the full amount based on her liability under the consignment note she signed.
"It is also important for the court, as any judgment must be based on accurate facts.
"Therefore it is important for all parties to have this issue decided. Are the 44 pieces of jewellery actually seized and in the possession of the police or not," he said.
Yesterday, Bernama reported that Rosmah was to apply for stay of proceedings of a lawsuit filed against her by the jeweller.
Rosmah's lawyer N. Rajivan said the application was necessary because the government had yet to verify whether the jewellery was in possession of the police or Rosmah.
He said Judicial Commissioner Wong Chee Lin had set Feb 25 to hear the application after she was informed of Rosmah's intention to file the application.
"We will file the application for stay of proceedings until the end of the seizure period of the jewellery. We will file it before Feb 25," Rajivan said.
Rajivan said he and fellow counsel Reza Rahim believed the deadline of the seizure period of the jewellery was May.
Meanwhile, David said the court had also ordered the government to file a statement of defence as the second defendant in the suit and that the trial had been set for March 4 and 5.
On Aug 20, 2018, the High Court allowed the government's application to be an intervenor in the suit and named the second defendant.
In its statement of claim, Global Royalty Trading said Rosmah was a long-time customer and it would usually send her jewellery consignments upon her request.
Rosmah would then evaluate and purchase the jewellery with payment made by her or a third party.
The company said Rosmah had acknowledged receipt of the items and agreed to the terms.
The company claimed that Rosmah, via a letter dated May 22, 2018, also confirmed and acknowledged the receipt of the jewellery but stated that all the jewellery was no longer in her possession because it was seized.