KUALA LUMPUR, Feb 14 — Former 1Malaysia Development Berhad (1MDB) in-house lawyer Jasmine Loo today denied running away from Malaysian investigators in the 1MDB case, saying she had stayed abroad fearing for her safety as Low Taek Jho or Jho Low threatened to make her life a “living hell” if she ever came back.
Loo, the 50th prosecution witness in Najib’s trial over the misappropriation of RM2.27 billion, said she did not receive threats after her return in July 2023 to Malaysia to cooperate with 1MDB investigators.
Instead, she said she had been warned by Low to stay abroad since 2018.
“Basically, Jho Low has sworn to turn my life into a living hell and to use his every resource and power to ensure that I meet a terrible end if I return to Malaysia,” she said, replying to deputy public prosecutor Deepa Nair Thevaharan.
Loo said she did not work during the five years she was away from Malaysia, saying: “I lived on whatever funds I had with me and from time to time, maybe every eight to nine months, Jho Low will send someone or strangers to deliver funds to me, approximately about US$2,500 (RM11,960)”, adding that the US$2,500 that Low gave her were meant to last her for a year.
“It is deplorable to rely on someone who has sworn to make my life a living hell, but I felt I had no choice” but to do so for survival, she said.
Asked by Deepa why she had continued receiving funds from Low, Loo again said it was “deplorable”, but said she needed to survive and had to rely on Low without him knowing that she was making plans or finding a safe way to return to Malaysia.
“I was basically fearing for my own life basically,” she said at another point.
Earlier, Loo was replying to Deepa’s question, where she was asked to explain allegations that she had ran away from obligations to cooperate with the authorities on 1MDB.
Loo replied that left Kuala Lumpur in April 2018 and was told to continue staying away from Malaysia: “I have no intention of running away. I was already in Bangkok during the time of the general elections.
“When the results of the elections came out that the Barisan Nasional government led by Datuk Seri Najib had lost the elections, I was instructed by Jho Low to remain abroad and not to return to the country. He said things would get ugly for me and it would be much worse if I were to return to Malaysia and that he would resolve things.
“He promised to resolve things, he would just look at the situation and advise, and he would basically ask me to give him more time before returning to the country. Because I was in Bangkok, I feared what would happen to me, and I feared reprisal and feared for my own safety in case I took any steps to the contrary.”
The 14th general election on May 9, 2018 saw Najib’s BN coalition losing federal power to the Pakatan Harapan coalition.
Asked by Deepa about what she was so fearful of, Loo cited the example of former PetroSaudi International employee-turned-1MDB whistleblower Xavier Andre Justo as the reason for why she followed Low’s instructions. (Justo was previously arrested in Thailand and was in August 2015 sentenced to three years’ jail three for blackmail and attempted extortion of PetroSaudi International in relation to 1MDB files, and was released in December 2016 after a royal pardon from the Thai king.)
“Because I was in Thailand, I was acutely aware of what had happened to Xavier Justo in Thailand and I really did not want to become the next Xavier Justo, so I just complied with his instructions so as not to endanger myself,” Loo said, without elaborating on what had happened to Justo.
Asked what made her return to Malaysia in July 2023 after five years away, Loo said she had been making efforts over the years to return safely here.
“My desire was always to return to cooperate with the authorities, I have no intention of running away but I felt cornered in circumstances which I felt I could not safely return to Malaysia, and I had obstacles and challenges arranging for safe passage back to the country.
“So I did what I could. My first approach was to resolve the DoJ suits and make restitution. Around 2019, we began discussion, and 2020 when the Covid pandemic took place, everything came to a standstill. And after that, as early as 2020, I sought legal advice as to how to secure safe passage home to Malaysia,” she said, referring to the US Department of Justice (DoJ) by its initials.
“And in April 2021, my lawyers submitted a representation to the AGC (Attorney-General’s Chambers) offering my cooperation and seeking safe passage back to Malaysia, and it is only until lately that I returned,” she said, adding that she could not recall the exact date of her return but that it was around July 7 or July 8 in 2023.
What money Loo had received in the past
Loo was previously a lawyer in the law firm Zain & Co from 1998 to 2008, and had worked as general counsel in UBG Berhad from early 2009 to April 2011. Low was UBG’s director.
Apart from receiving a salary for her role as 1MDB general counsel from May 2011 to November 2013, Loo said she also received bonuses, perks and employment benefits such as car and allowance for a driver.
“I did in fact receive funds from Jho Low but at that time, I did not know the funds were sourced from 1MDB. If I had known, I would not have accepted it.
“Those funds were promised to me for my contribution in the UBG Group which he promised to me as ex gratia and golden handshake when I left, so I felt I was entitled to them. And subsequently when I left 1MDB, I also did receive angpows from Jho Low to cover expenses,” she said.
Loo said she had also received funds for legitimate and lawful investments but claimed to not know that these funds arranged by Low were “sourced from 1MDB”, saying: “If I had known, I would not have accepted it.”
Asked by Deepa on what had happened to the funds she had received from Low, his companies and his associates, Loo replied that all such funds, bank accounts and assets “had been returned or surrendered to the government of Malaysia or relevant authorities such as the DoJ who would make the necessary arrangements to return them to Malaysia”.
Asked to explain her professional relationship with 1MDB trial judge Datuk Collin Lawrence Sequerah previously in the law firm Zain & Co when they were both practising lawyers, Loo said she has not been in touch with him since 2009, which would be about 15 years ago.
“I first met YA Collin as a chambering student when I entered Zain & Co in 1997, he was then a litigation partner in Zain & Co. Thereafter I was made legal assistant in 1998 and partner in 2004. YA Collin was in the litigation department while I was very much focused in the corporate department.
“And after I left Zain & Co at the end of 2008, I have not been in contact with YA Datuk Collin. And actually yesterday was the first time I had seen YA Collin since 2009 and end 2008, when I entered the court to read the statement,” she said, referring to yesterday which was the first day she took to the witness stand in the 1MDB trial to read her witness statement.
The prosecution today completed its examination-in-chief of Loo today, with the next stage to be Najib’s legal team’s cross-examination of her, followed by the prosecution’s re-examination of her.
Najib’s 1MDB trial resumes this Friday.
Previously on August 18, 2023, Najib failed at the High Court to recuse and remove Sequerah from continuing to hear the 1MDB trial and also failed in his ultimate goal of being acquitted. Najib had on the same day filed an appeal at the Court of Appeal against his failed bid to remove the 1MDB trial judge.
Among other things, Sequerah had rejected Najib’s application to remove him as the 1MDB trial judge, noting that Najib’s bid was solely based on the fact that Sequerah and Loo had worked in the same medium-to-big sized law firm Zain & Co at the same period.
Sequerah had also said he had not communicated or met with Loo since her 2008 resignation and there was no proof of any personal or professional relationship between them, and there was no conflict of interest and there is no real danger of bias for him to continue hearing the 1MDB trial.
