KUALA LUMPUR (Aug 6): The High Court here today rejected an application by businessman Deepak Jaikishan to include ex-prime minister Datuk Seri Najib Razak, his wife Datin Seri Rosmah Mansor, and six others as third parties in a legal action pursued by the family of the late private investigator (PI) P Balasubramaniam.
Judicial Commissioner Quay Chew Soon ruled that Deepak had failed to show there was a prima facie case. Balasubramaniam was also known as PI Bala.
According to news reports, PI Bala was a crucial witness in the late Altantuya Shaariibuu murder case, and in March 2013, he died of a heart attack. It was reported that PI Bala made two conflicting statutory declarations (SDs) on the 2006 murder case.
It was reported that PI Bala was forced to leave Malaysia for India after signing his second SD in July 2008. PI Bala claimed he made the second SD under duress, a day after the first SD was released.
It was reported that PI Bala’s widow A Santamil Selvi and her children claimed they had to move to India in exile due to the second SD made by PI Bala and they lived in India for 56 months from July 4, 2008.
News reports, quoting their statement of claim, reported that Santamil Selvi and her children are seeking RM840,000 in damages.
Besides Najib and Rosmah, the six others are Najib’s brothers Datuk Ahmad Johari Razak and Datuk Mohd Nazim Razak besides lawyers Tan Sri Cecil Abraham, Sunil Abraham, Arulampalam Mariampillai and commissioner of oath Zainal Abidin Muhayat.
Najib and Rosmah are represented by their lawyer David Mathews.
At the High Court chambers today, Quay made the decision to reject Deepak's application after hearing submissions from Deepak's lawyers Datuk RK Nathan and Vinod Kamalanathan as well as from lawyers representing Najib, Rosmah, Ahmad Johari, Mohd Nazim, Cecil, Sunil, Arulampalam and Zainal.
News reports quoted Mathews as telling reporters today that the court made the ruling on grounds that Deepak had failed to establish a prima facie case and his application lacked particulars.
"The judge also ruled that Deepak had made inconsistent statements in his previous affidavits which contradicted his assertion in the present application.
"The court awarded total cost of RM15,000 to the couple, another RM15,000 for Cecil and Sunil, and for Ahmad Johari, Mohd Nazim, Arulampalam and Zainal, the court awarded RM10,000 each," said Mathews.