Second lawsuit by PI Bala’s family against Najib struck out

PUTRAJAYA: A second suit filed by the family of late private investigator P. Balasubramaniam against former prime minister Datuk Seri Najib Tun Razak, his wife and six others, has been thrown out by the Court of Appeal as the exercise was an abuse of court process.

Justice Tengku Maimun Tuan Mat, who chaired the panel, said the subject matter of the suit occurred in 2008, but the paper was only filed by widow A. Santamil Selvi and her three children last year, which exceeded the sixyear limit allowed by the law.

“We could not accept their contention that they could not file the suit earlier as they were out of the country.

“We are of the view that the filing of the second suit, which is based on the same facts and parties after the first suit had been struck out, is an abuse of court process.

“We now allow the appeal and set aside the order by the High Court,” she said yesterday.

Justice Tengku Maimun made the ruling after allowing the appeal of Najib, his wife Datin Seri Rosmah Mansor and Najib’s sib lings, Datuk Ahmad Johari and Datuk Mohd Nazim, lawyers Tan Sri Cecil Abraham, Sunil Abraham and M. Arulampalam, and commissioner for oaths Zainal Abidin Muhayat.

Justice Tengku Maimun ordered that RM4,000 in costs for the court proceedings at the High Court and Court of Appeal be paid to all eight appellants.

The appeal yesterday was against the High Court’s decision, which dismissed their application to strike out the second suit filed by Santamil and her children on Jan 30 this year.

She filed the action in her personal capacity and on behalf of the estate of Balasubramaniam, better known as PI Bala.

In their statement of claim filed on July 13 last year, the family said they had to move to India due to the second Statutory Declaration made by Balasubramaniam over the murder of Mongolian translator Altantuya Shaariibuu.

The family had sought RM840,000 in damages, including rental of an apartment in India, school fees and loss of income as a kindergarten teacher, damages and costs.