Reaching out for ‘Equanimity’

On duty: Policemen walking along the jetty where

PETALING JAYA: Fugitive businessman Low Taek Jho is waging a legal battle with Malaysia over the seizure of the superyacht Equanimity although the Attorney General’s Chambers (AGC) insists the confiscation is done in accordance with Malaysian law.

Even before the arrival of the billion-ringgit vessel linked to Low and the 1Malaysia Development Bhd (1MDB) scandal at Pulau Indah, Klang, yesterday, lawyers representing the company claiming legal ownership of the vessel went to work criticising the transfer of the yacht to Malaysia from Indonesia.

They also challenged the legality of the move to hand over the yacht to Malaysian custody.

The AGC, however, said the seizure was done in accordance with Malaysian law and was the result of the mutual legal assistance (MLA) treaties between Indonesia, US and Malaysia.

“Sensitive and delicate negotiations were conducted at the highest levels of different agencies in the three countries to accomplish this feat,” Attorney General Tommy Thomas said in a statement yesterday.

Thomas thanked the governments of Indonesia and the US, and especially the Indonesian police, in extending their cooperation and collaboration to Malaysia.

He said the AGC had invoked the Admiralty jurisdiction of the Court against the yacht, and the Court on Monday issued a warrant of arrest against the vessel.

“Accordingly, the Equanimity is properly seized under the laws of Malaysia,” said Thomas.

The superyacht was originally seized by Indonesian authorities in Bali on Feb 28 on the application of the US Department of Justice (DOJ).

In his statement, Thomas ex­­plain­ed that the DOJ seized the yacht and asserted ownership of it on behalf of Malaysia and 1MDB because money belonging to the country was used to purchase it.

Indonesian authorities handed over the vessel to Malaysian marine police off Batam island on Monday.

The ship then headed to Pulau Indah, where it docked at 1pm yesterday (see related story).

On Monday, the DOJ in a filing to the California Central District Court proposed a suspension of all proceedings in the department’s legal actions regarding the vessel.

This was to allow the US government and any interested claimant the opportunity to inquire of Malaysia through formal channels what its intentions are with respect to the defendant yacht.

Several hours later, lawyers for Equanimity (Cayman) Ltd, filed a notice to the same US court, alleging that the Malaysian Government working through members of the Indonesian police had deliberately disregarded and contravened prior court orders.

This was done “in order to carry out a state-sanctioned taking without due process”, stated the document filed by lawyer Jeremy D Matz.

The filing, which was prepared by a team of lawyers including Matz, asked for the US government to reveal its knowledge of the yacht’s transfer, state any efforts the US has made to secure the vessel in a status report by Aug 17, and say what actions the US has taken to get clarification of Malaysia’s intentions.

“Claimants further oppose the (US) government’s request that ‘all proceedings in this action be suspended’.

“The Government is not entitled to some undefined, indefinite ‘suspension’ separate and apart from the indefinite stay already entered in this case,” the document stated further.