PUTRAJAYA: Carpet dealer Deepak Jaikishan, who is trying to set aside a consent order by the court reinstating a RM2 million suit by the widow of a key witness in the Altantuya Shaariibuu murder trial, said he was not aware of the consequences when he first decided not to contest her appeal.

Deepak said he was shocked when the Court of Appeal on Oct 2 ordered A Santamil Selvi’s suit to be heard in the High Court.

“After realising the consequences, I appointed a lawyer to advise me and rectify the matter,” he said in an affidavit sighted by The Malaysian Insider.

Deepak, who was unrepresented previously and has now appointed lawyer Abdullah Khubayb Awaluddin, said he would be seriously prejudiced if a trial is held.

The Court of Appeal will hear Deepak’s application tomorrow.

Deepak told the court previously that he had agreed to the claims by the plaintiffs (Santamil and children) and was not opposing the appeal.

But on Oct 15, Deepak made a U-turn when he informed Court of Appeal president Tan Sri Md Raus Sharif during a case management that he would apply to set aside the consent order.

The case was recalled after counsel Rishwant Singh, appearing for senior lawyer Tan Sri Cecil Abraham and his son Sunil, wrote a complaint letter to Md Raus that the order was defective in law.

They said the order was tantamount to reversing the High Court ruling last December to strike out Santamil’s suit against Prime Minister Datuk Seri Najib Razak, his wife Datin Seri Rosmah Mansor and seven others.

In June last year, Santamil filed the suit on behalf of the estate of her husband P Balasubramaniam, who died of a heart attack on March 15, 2013, soon after his return from overseas.

That suit would expose the roles of several people in sending Santamil’s family into exile following controversies surrounding two statutory declarations by Bala involving Altantuya and Najib.

In December, High Court judge Datuk Hasnah Mohamed Hashim allowed an application by Najib, Rosmah, the prime minister’s brothers Datuk Johari and Datuk Nazim, Cecil, Sunil, commissioner for oaths Zainal Abidin Muhayat and lawyer M Arulampalam, to strike out the widow’s suit.

Hasnah said Santamil lacked the capacity to file for action on behalf of her husband’s estate and her pleadings were not according to law.

The Court of Appeal in April this year upheld the High Court decision on the grounds that Santamil’s notice of appeal was defective.

However, Deepak was not a respondent in Santamil’s appeal in the Court of Appeal.

Deepak said he was not a voluntary party to strike out Santamil’s suit in the High Court. — The Malaysian Insider