The widow of Balasubramaniam, A.Santamil Selvi, and their three children are suing nine people over an alleged conspiracy.
The defendants included businessman Deepak Jaikishan, Najib’s younger brothers Datuk Ahmad Johari Abdul Razak and Datuk Mohd Nazim Abdul Razak, senior lawyer Tan Sri Cecil Abraham, his son
counsel Sunil Abraham, commissioner of oath Zainal Abidin Muhayat and lawyer M.Arulampalam.
In the amended statement of claim filed on June 23, the family said that the deceased (Balasubramaniam) had been engaged by one of the accused, political analyst Abdul Razak Baginda, in the months of July and October 2006, to provide protection services in respect of the harassment Abdul Razak and his family were allegedly receiving from Mongolian Altantuya Shaariibuu.
Thursday November 20, 2014 MYT 8:41:27 PM
Widow of private eye has no right to sue PM, court told
KUALA LUMPUR: The wife of the late private investigator P.Balasubramaniam has no legal right to initiate a civil suit against the Prime Minister, a High Court heard.
Lead counsel Datuk Mohd Hafarizam Harun, who appeared for the Prime Minister and his wife named as defendants in the suit, argued that no letter of administration over the estate of the deceased was issued to her.
“Therefore, the plaintiff (the wife of deceased) did not have the capacity to initiate the suit as a representative,” he argued before Justice Hasnah Mohammed Hashim in asking to strike out the suit against his both clients.
Mohd Hafarizam also submitted that the issues raised in the conspiracy suit were speculative based on conjecture and hearsay
He said the allegation of facts stated in the suit was not at the personal knowledge of the plaintiff.
“(Prime Minister) Datuk Seri Najib Tun Razak and his wife Datin Seri Rosmah Mansor have not met the deceased (Balasubramaniam) at all,” he said.
He said that the claim was scandalous, frivolous, vexatious and abuse of court process and the plaintiff have failed to show there was any agreement or consent between the defendants to cause injury to her.
Meanwhile, Americk Sidhu, the counsel for Bala’s family said Selvi is entitled to file the suit under the special circumstances, even if she does not have an administrative letter empowering her to represent Bala.
In this case, Americk said, the family has to file the suit before the expiry six years period from July 3, 2014, the date Bala revealed his first SD, he said.
The first SD revealed in July 3, 2008 linked then Deputy Prime Minister Najib Abdul Razak to murdered Mongolian national Altantuya Shaariibuu.
YAHOO! NEWS MALAYSIA
Najib, eight others in bid to prevent PI Bala’s expose
Datuk Seri Najib Razak and his wife Datin Seri Rosmah Mansor are among nine defendants attempting to strike out a suit filed by the late P. Balasubramaniam’s family which would expose their alleged roles in sending the late private detective, his wife and kids into forced exile.
Lawyer Americk Singh, who is appearing for Balasubramaniam’s widow, A. Santamil Selvi and their three children, told The Malaysian Insider the hearing has been set for November 20 before High Court judge Datuk Hasnah Mohammed Hashim.
Among the grounds cited by the defendants are that Balasubramaniam’s family had no reasonable cause of action, that their action was an abuse of the court process and it is scandalous, frivolous and vexatious.
The Malaysian Insider learnt that if the prime minister and the eight others are successful in striking out the suit, then the merits of the case will never be known to the public.
Santamil and her children are suing for losses suffered during their exile between July 2008 and early last year following Balasubramaniam’s retraction of his first statutory declaration (SD).
Apart from Najib and Rosmah, the other defendants in the suit are Najib’s brothers Datuk Ahmad Johari Abdul Razak and Datuk Mohd Nazim Abdul Razak, senior lawyer Tan Sri Cecil Abraham, his son Sunil Abraham, commissioner for oaths Zainal Abidin Muhayat, lawyer M. Arunapalam and carpet dealer Deepak Jaikshan.
In the suit, the family said the defendants caused Balasubramaniam’s second SD “to be drafted without the instructions of the deceased and further caused the deceased to sign the same under threat and inducement”.
23 June 2014
YAHOO! NEWS MALAYSIA
P.I. Bala’s widow’s civil suit against Najib, 8 others starts today
The first case management in the civil suit filed against Prime Minister Datuk Seri Najib Razak and eight others by the widow of the late P.I. Bala (pic) was held today at the Kuala Lumpur Court Complex.
Najib is using the services of law firm Hafarizam, Wan and Aisha Mubarak to represent him in the civil suit.
Only one person has yet to respond to the court papers, said the plaintiff’s lawyer Americk Singh Sidhu.
“We have not received any response from Deepak Jaikishan. We sent a letter to his home address. So we are still waiting,” said Americk who representing Bala’s widow, A. Santamil Selvi, and their children.
Americk said the case management had gone well.
He said the second defendant, Datin Seri Rosmah Mansor, was likely to be represented by the same law firm representing her husband, Najib.
The others are brothers Datuk Ahmad Johari Abdul Razak and Datuk Mohd Nazim Abdul Razak, senior lawyer Tan Sri Cecil Abraham, his son Sunil Abraham, commissioner for oaths Zainal Abidin Muhayat, and lawyer M. Arunapalam.
“I was told that they are waiting for further instruction on the matter,” said Americk.
The next case management is on July 10.
10:00AM Jun 16, 2014
With lawsuit, PI Bala speaks from the grave
‘Private eye Bala’s sacrifices have not been entirely in vain after all.’
Kim Quek: The late private investigator P Balasubramaniam had acted bravely to prevent the truth being buried so as to avert a miscarriage of justice, for which he and his family had paid dearly for incurring the wrath of the mighty powers-that-be.
Though he had not quite succeeded in seeing justice done, his courage and sacrifice are gratefully acknowledged by all right-minded Malaysians.
It is gratifying to note that his ever faithful lawyer Americk Sidhu is now seeking justice and compensation through the court for the family for the suffering they had gone through.
Though the suit is not directed at the Altantuya Shaariibuu murder case, its proceedings will nevertheless be helpful in enlightening the nation on the hidden truth of the case.
In that sense, Bala’s sacrifices have not been entirely in vain after all.
Boonpou: I personally do not think any justice will possibly come out of this law suit but then again, at least, if the defendants were to appear in court, if that is even possible in any Malaysian court, we shall get to see Najib and Rosmah in the witness stand in person.
If that should happen, please do the public a favour (and I am getting tired of substituting the public with the Malay word ‘rakyat’ since the latter has such an empty ring to it), please buff up your face with whatever substances, medically legal or otherwise, so that you can appear in court looking naturally and healthily young.
Forget about being beautiful. Wait, would I be sued for making such a suggestion? Will Malaysia become the most litigatious country in the world, overtaking the United States?
Doc: Yes, Najib and Rosmah should counter sue PI Bala’s family members. Also they should sue Malaysiakini for highlighting this article.
I also suggest that Najib and Rosmah sue Anwar too. After all, most of the bad stuff that happens to this country and Najib is always due to Anwar.
Also best to sue Altantuya too as she is the cause of this fiasco befalling Najib and tarnishing his name. I think it is also wise for Najib to sue Americk Sidhu for helping PI Bala’s family members to sue him.
I guess this should cover all the parties that Najib should sue and exercise his natural born right to sue.
Onyourtoes: Dear PM, can’t you see all these accusations (as contained in the law suit) are even more grievous to you, Rosmah, and your brothers than what was written in Malaysiakini’s Yoursay column which you have now commenced legal proceeding?
Hplooi: I hope they have watertight evidence. And such ‘water tight’ evidence should be kept in a water-tight safe place. If immigration record can be erased, the possibilities can be endless.
CQ Muar: By the grace of the Almighty, may the truth prevail and justice served, as had often been quoted by Malaysiakini commenters: “He who sows, must reap…”
And so, as the final curtain comes down on him, Najib will probably sum up with this requiem: “Under the wide and starry sky, dig the grave and let me lie. Glad did I live and gladly die…”
The above is a selection of comments posted by Malaysiakini subscribers. Only paying subscribers can post comments. Over the past one year, Malaysiakinians have posted over 100,000 comments.
YAHOO! NEWS MALAYSIA
Prime Minister Datuk Seri Najib Razak and eight others cannot shake off the spectre of the Altantuya murder as the next explosive chapter is a civil suit filed by the widow and family of the late P. Balasubramaniam (pic) over their forced exile in India which they say is worth RM840,000.
The private detective, who was a witness in the murder trial of Mongolian Altantuya Shaariibuu, hurriedly left Malaysia after he signed a second statutory declaration (SD) in 2008 which purportedly cleared Najib’s involvement in the case.
The Malaysian Insider has sighted the suit filed by Balasubramaniam’s widow, A. Santamil Selvi, and her children. The plaintiffs filed the suit in the High Court in Kuala Lumpur this past week against nine people.
The nine are Najib, his wife Datin Seri Rosmah Mansor, brothers Datuk Ahmad Johari Abdul Razak and Datuk Mohd Nazim Abdul Razak, senior lawyer Tan Sri Cecil Abraham, his son Sunil Abraham, commissioner of oaths Zainal Abidin Muhayat, carpet dealer Deepak Jaikishan and lawyer M. Arunapalam.
Selvi and the children are seeking damages for losses suffered during the exile between July 2008 and early last year. Balasubramaniam died of a heart attack on March 15 last year, weeks after returning from India.
In the suit, the family said the defendants caused Balasubramaniam’s second SD “to be drafted without the instructions of the deceased and further causing the deceased to sign the same under threat and inducement”.
The suit was filed by the late detective’s lawyer Americk Singh Sidhu
Isteri PI Bala: Apakah salah berkata benar?
Isteri PI Bala: Kami betul-betul macam pelarian
INTERVIEW Almost five years after fleeing the country, the widow of the private eye P Balasubramaniam, A Santamil Selvi, has given her first interview to the media.
She was driven to do so, Selvi said, after receiving anonymous phone calls offering her money and education opportunities for her children in exchange for “evidence” that PKR paid her late husband to make his infamous statutory declarations.
This was in addition to an SMS hoax last month that she would hold a press conference to declare that her husband, Balasubramaniam, had been paid off by lawyers, Selvi told Malaysiakini and KiniTV last Friday.
“After Bala died, they made the offer and I can’t take it. That is why I am giving this interview. Before this, I did not even think of giving interviews, but I cannot take it (anymore),” she said of the persistent harassment.
“That is why I want to tell the rakyat what happened to me,” Selvi (left) added in the interview, during which she insisted that her husband was “not in anyone’s pocket”.
To a question, Selvi said she had no wish to return to India because she and her children are all Malaysian citizens.
Private eye P Balasubramaniam’s widow A Santamil Selvi has broken her silence and contacted Bala’s lawyer Americk Sidhu to inform him that she “needs time”.
Americk told Malaysiakini that Selvi contacted him today and said that she was “stressed out” after events that transpired during Bala’s 16th day prayers last Saturday.
Though her whereabouts are still unknown, Selvi told Americk that she needed to “get away” after a SMS was circulated on Saturday claiming she would make a police report alleging that her husband was paid by his lawyers to make his first statutory declaration (SD1).
On Saturday, after the SMS was circulated, reporters and police officers converged in front of Bala’s house to take down Selvi’s “report”.
Although she had told them off, a couple of reporters returned the very next day claiming that they have been informed by their editors that Selvi wanted to make a statement.
Americk had earlier said that he fears Selvi could retract her husband’s SD1 in a similar way to what Bala had done in 2008.
The reasons for her disappearance are still unknown, with Americk seeking to meet her and her children as soon as possible to clarify matters.
Checks by Malaysiakini at Bala’s family home in Rawang earlier today revealed that Selvi’s younger sister is currently house sitting for Selvi.
She is also taking care of the family dog in the meantime until Selvi returns home.
She claimed that Selvi is currently spending her days with her children at her relative’s house and is not entertaining any calls.
Bala’s neighbours, however, remained oblivious to the exact details of the family’s whereabouts.
The family car, however, is parked again in the house.
Lawyer: PI Bala’s wife and kids missing
Private eye P Balasubramaniam’s wife, A Santamil Selvi, and her children are mysteriously missing from their family home in Rawang, Bala’s lawyer Americk Sidhu revealed today.
Last Saturday, a few members of the press and even police officers showed up at her home after an SMS was circulated claiming that she would file a police report to claim that her husband had been paid by lawyers to make the false first statutory declaration (SD1).
Americk admitted his fears that she could be pushed to make a similar U-turn as Bala had done.
In 2006, just one day after signing SD1, in which he implicated Prime Minister Najib Abdul Razak and his wife Rosmah Mansor in the murder of Mongolian translator Altantuya Shariibuu, Bala retracted it and signed a second SD which claimed that the first was signed under duress.
Bala passed away on March 15 from a heart attack shortly after returning from self-imposed exile in Chennai. He had been campaigning for Pakatan Rakyat.
Americk said on Monday, two “journalists” had appeared at Bala’s house claiming that their editors had told them that Selvi wanted to make a statement.
She denied this to the reporters, but seated in a black car, they were seen to be taking pictures of the house from a distance.
According to Americk, neighbours had informed Bala’s friend that the whole family had left the house in their car at about 10.15am yesterday and have not been reachable since then.
“The neighbours are also missing and have been uncontactable all day,” he said, adding that the turn of events was very “uncharacteristic” of Selvi.