The onus on Rosmah, not the jeweller, to prove whereabouts of jewellery and also not the duty of police to prove existence of goods.
The High Court today ordered Rosmah Mansor to check and confirm in seven days the existence of 44 pieces of jewellery worth US$14.79 million in her possession, allegedly confiscated by the police.
Lawyer David Gurupatham, representing Lebanese company Global Royalty Trading SAL, said the order was issued by judicial commissioner Wong Chee Lin after case management in chambers today.
He said the judge noted that Rosmah had received the jewellery because there was a consignment note, and it is up to her to prove where the jewellery is, and not his client.
“Rosmah said she received the goods and confirmed it. Of course, the goods were requested by her and sent to her, and she even signed the consignment note.
“Now, she is saying since the goods have been seized by police, she does not have to pay for it.”
“According to the law, it is not the duty of the police to prove (the existence of the jewellery),” he said.
On Tuesday (Feb 12), the court was told that police are still unable to determine whether they have in their possession the 44 pieces of jewellery.
Federal counsel Shaiful Nizam Shahrin revealed that police cannot confirm whether the items from Global Royalty is part of the 12,000 pieces of jewellery seized in raids on premises linked to Najib last May.
Shaiful said the government intends to file an application to stay the proceedings, pending confirmation from police on the matter.
Today, Wong fixed February 25 for the parties involved to file applications to stay the proceedings.
He also ordered the parties to be prepared for trial if an application for a stay comes through or is not granted.
The trial is set to proceed on March 4 and 5.