Businessman seeks to re-include Najib and Rosmah in suit

KUALA LUMPUR: The High Court will hear on March 29 an application by businessman Deepak Jaikishan to re-include Datuk Seri Najib Tun Razak and seven others as parties in a lawsuit filed by the family of a dead private investigator.

The investigator P. Balasubramaniam, better known as PI Bala, was once hired to spy on Mongolian Altantuya Shaariibuu.

He was one of the key witnesses in the trial for the murder of Altantuya more than 10 years ago.

Lawyer K. Vinod, who represented Deepak, told the media yesterday that the date was fixed in the chambers of High Court judge Justice Azimah Omar.

He said the notice of third-party proceedings against the former prime minister and the seven others – Datin Seri Rosmah Mansor, Najib’s brothers Datuk Mohd Nazim and Datuk Ahmad Johari, lawyers Tan Sri Cecil Abraham, Sunil Abraham and Arulampalam Mariampillai, and commissioner for oaths Zainal Abidin Muhayat – was served last year by Balasubramaniam’s widow Santamil Selvi and her three children.

The original suit was filed on July 13, 2017, and all the defendants, except for Deepak, had filed to strike out the suit.

Last July, the Court of Appeal had struck Najib and the seven others off the suit leaving only Deepak as defendant.

Vinod said his client wanted to re-include the eight individuals as parties for the purpose of seeking relief in the form of indemnity in connection with the main suit.

Santamil Selvi filed the action in her personal capacity and on behalf of the estate of Balasubramaniam.

In their statement of claim, Balasubramaniam’s family said that they had to move to India due to the second Statutory Declaration made by Balasubramaniam over the murder of Altantuya.

They said they moved to India for 56 months from July 4, 2008, until Balasubramaniam died on March 15, 2013.

Santamil Selvi and her children sought RM840,000 in damages including rental of an apartment in Chennai, India, school fees and the loss of income as a kindergarten teacher, housing loan, transportation cost, general and special damages, and costs.

On Dec 11, 2014, High Court judge Justice Hasnah Mohammed Hashim struck out the plaintiffs’ first suit for conspiracy which was filed on June 2014, saying that they had no locus standi as there was no letter of administration of the estate issued by any court.

Justice Hasnah said the plaintiffs should have filed the suit between 2008 and 2013 when the conspiracy allegedly took place, before Balasubramaniam passed away.