Named as defendants are Najib, Rosmah, Najib’s brothers Ahmad Johari, Mohd Nazim, lawyers Cecil Abraham, Sunil Abraham, Arunampalam Mariampillai, commissioner of oaths Zainal Abidin Muhayat and businessman Deepak Jaikishan.
January 30, 2018
Najib, wife and others fail to strike out PI Bala’s widow’s suit
KUALA LUMPUR: The High Court here dismissed a joint bid by Prime Minister Najib Razak, wife Rosmah Mansor and six others to strike out an “intentional harm” suit filed against them by the widow of P Balasubramaniam, who is better known as PI Bala.
Najib’s lawyer, Nor Hazira Abu Haiyan said Justice Hue Siew Kheng ruled in chambers that widow A Santamil Selvi’s current lawsuit is not an unsustainable one.
“The issues should be decided in a full trial.”
Previously, lawyers for Najib, Rosmah and six others argued that Santamil’s suit should be annulled as she was out of time to file the action.
It was also understood that Justice Hue also ruled the principle of “res judicata”, or a higher court’s decision is bound by a lower court, does not apply to this current striking out.
“Her previous lawsuit was never heard, and the cause of action from this current suit is different from the last one.”
The court set another case management on March 16.
However, the case against Deepak was not heard today, as the businessman filed a separate application to strike out Santamil’s suit.
15 January 2018
Feb 6 decision on bid by Bala’s widow to cross-examine Deepak
The High Court in Kuala Lumpur today fixed Feb 6 to deliver its decision on an application by the widow of private investigator P Balasubramaniam and her children to cross-examine carpet dealer Deepak Jaikishian in a suit linked to the murder of Mongolian model Altantuya Shaaribuu.
This follows case management of A Santamil Selvi’s suit against Prime Minister Najib Abdul Razak, his wife Rosmah Mansor and seven others, including Deepak.
Santamil’s lawyer, Damian Chan told reporters outside the court today that Justice Hue Siew Kheng told Deepak’s lawyer to give a written submission by Jan 22.
“Following that, Justice Hue fixed Feb 6 to deliver her decision,” said Chan. The court has also fixed that same day as case management for Deepak’s striking-out application.
Deepak – who was present with lawyer Sarah Abishegam from Shafee and Co – told reporters that Justice Hue had asked him in chambers whether he had engaged Shafee & Co.
This followed allegations by two parties that Deepak…..appointed the legal firm under duress.
“I told the judge that I need to accept the appointment of Shafee and Co,” he told reporters today.
11 October 2017
The Kuala Lumpur High Court has directed Prime Minister Najib Abdul Razak and his wife Rosmah Mansor to file their defence within 14 days from today over a suit filed by A Santamil Selvi, the widow of private investigator P Balasubramaniam.
Justice Hue Siew Kheng made similar orders for the other defendants in the suit, which included two of Najib’s siblings as well as senior lawyer Cecil Abraham and businessperson Deepak Jaikishian.
This follows Justice Hue dismissing their applications for a stay in filing their defence pending the hearing of their striking out applications.
This is the first time Najib has been required to file his defence in relation to a suit filed against him.
11 August 2017
PI Bala’s widow sues Najib, Rosmah and 7 others
However, the nine defendants have applied to strike out the ‘intentional harm’ suit and defer filing their defence, says lawyer Americk Sidhu.
PETALING JAYA: The family of late private investigator P Balasubramaniam has again filed a suit against Prime Minister Najib Razak, his wife Rosmah Mansor and seven others, this time for suffering intentional harm as a result of their exile in India.
A Santamil Selvi, who is also acting for the estate of Balasubramaniam and their minor child, said the nine defendants uprooted them from their home in Malaysia, deprived them of their normal lives, and caused them to suffer financial and non-financial losses.
They claim to have suffered trauma and mental anguish caused by the defendants and deprived of a home in familiar surroundings.
Santamil, together with her two children, Kishen and Menaga, are seeking damages with interest for losses suffered from July 2008 as a result of their five-year displacement.
“The defendants and each of them is liable for the intentional harm or injury caused to and suffered by the plaintiffs,” they said in the suit filed in the Kuala Lumpur High Court last month.
Lawyer Americk Sidhu said the counsel for all defendants during a case management yesterday had applied to strike out the suit.
“They also wanted a stay to file their defence pending the outcome of the striking out application,” he told FMT.
Americk said lawyers for the defendants also questioned his authority to act for the plaintiffs.