PM, wife no longer have to face lawsuit by PI Bala’s widow, lawyer confirms
(Malay mail Online) – A decision by the Federal Court today put an end to the attempt by the widow of private investigator P. Balasubramaniam to sue Datuk Seri Najib Razak, his wife and six others for losses during their family’s exile, the prime minister’s lawyer confirmed.
Lawyer Datuk Mohd Hafarizam Harun said the Federal Court’s decision today has laid to “rest” the “conspiracy suit” against Najib and his wife Datin Seri Rosmah Mansor.
“Effectively as far as the claim by the widow to PI Bala and the three children, the claim against the prime minister and Datin Seri Rosmah is over,” he told reporters here, referring to the private investigator by his popular moniker.
Earlier today, the Federal Court dismissed the bid by PI Bala’s family to restore their lawsuit against Najib, Rosmah and six other people, due to technicalities.
The three-judge Federal Court panel chaired by Court of Appeal president Tan Sri Md Raus Sharif unanimously dismissed an application by Balasubramaniam’s family to amend a judicial review application, stating that the reasons given by their lead counsel Datuk Seri Gopal Sri Ram was “insufficient” to exercise their discretion.
The Federal Court panel that included judges Tan Sri Ahmad Maarop and Datuk Ramly Ali awarded a total of RM60,000 costs to seven respondents, including a RM10,000 amount to Najib and Rosmah.
The fourth respondent, Datuk Mohd Nazim Abdul Razak, did not seek for costs.
Last year, Balasubramaniam’s widow A. Santamil Selvi and her three children filed the suit that also named Najib’s brothers, Datuk Ahmad Johari Abdul Razak and Datuk Mohd Nazim Abdul Razak, senior lawyer Tan Sri Cecil Abraham and his son Sunil Abraham, commissioner of oaths Zainal Abidin Muhayat and lawyer M. Arunapalam as respondents.
Last June, Santamil’s lawyer Americk Sidhu reportedly said his clients are claiming for damages to compensate their removal from Malaysia against their will on July 4, 2008, due to an alleged conspiracy by the eight and businessman Deepak Jaikishan — including through alleged threats or inducements.
Balasubramaniam left Malaysia with his family after signing a second sworn statement that allegedly cleared Najib of any purported links to the Altantuya case. This statement conflicted with his first sworn statement.
The former private investigator, who was a key witness in the trial over the high-profile murder of Altantuya, died of heart problems several weeks after returning to the country with his family in 2013.
Balasubramaniam’s family is claiming for RM840,000 in losses during the 56 months of their exile in India from July 4, 2008 until March 15, 2013 following two controversial sworn statements by the private investigator in relation to Mongolian Altantuya Shaariibuu’s 2006 murder.
Although Balasubramaniam’s family can no longer proceed with the reported RM1.9 million lawsuit against Najib and seven others, they still have a court matter at the Court of Appeal against Deepak.
This Friday, the Court of Appeal will hear an appeal by Balasubramaniam’s family against the High Court’s decision to strike out the same lawsuit against Deepak.
