Deepak fails to reinstate Najib, 7 others

as defendants in PI Bala family's suit

By Bernama - August 6, 2020 @ 5:57pm

High Court dismissed businessman J.R. Deepak Jaikishan’s application to reinstate the
names of former prime minister Datuk Seri Najib Tun Razak (pic) and seven others as the
third party in a suit filed by the family of a private investigator, the late P. Balasubramaniam.
Photo by EIZAIRI SHAMSUDIN/NSTP
KUALA LUMPUR: The High Court today dismissed businessman J.R. Deepak
Jaikishan's application to reinstate the names of former prime minister Datuk Seri
Najib Tun Razak and seven others as the third party in a suit filed by the family of a
private investigator, the late P. Balasubramaniam.

Lawyer David Mathews, representing Najib and his wife, Datin Seri Rosmah Mansor,
told reporters that Judicial Commissioner Quay Chew Soon made the decision after
hearing the application in chambers.

Besides Najib and Rosmah, the six others are Najib's siblings - Datuk Ahmad Johari
and Datuk Mohd Nazim, counsel Tan Sri Cecil Abraham, Sunil Abraham,
Arulampalam Mariampillai and commissioner of oath Zainal Abidin Muhayat.
Mathews said the court made the ruling on grounds that Deepak had failed to
establish a prima facie case and his application lack 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.

Lawyers Datuk RK Nathan and K. Vinod represented Deepak.

Najib, Rosmah, Ahmad Johari, Mohd Nazim, Cecil Abraham, Sunil Abraham,
Arulampalam and Zainal Abidin, as well as Deepak, had been named defendants in
the suit filed by Balasubramaniam's widow, A. Santamil Selvi and their three
children, B. Kishen, B. Menaga and B. Reeshi.

However, they, except Deepak, had filed to strike out the suit.

On Jan 30, 2018, the Kuala Lumpur High Court rejected the applications by the eight
defendants to strike out the second lawsuit filed by Santamil Selvi, however they
succeeded in their appeal at the Court of Appeal to set aside the High Court ruling.

Deepak later filed the application at the High Court to include the eight as parties in
the suit.

Santamil Selvi and her three children had on July 23, 2017 filed the second lawsuit
on behalf of Balasubramaniam against the nine individuals, including Deepak.

Balasubramaniam, also known as P.I Bala, was the key witness in the murder trial
involving Mongolian Altantuya Shaariibuu in 2006. P.I. Bala died of a heart attack on
March 15, 2013, a few weeks after returning from India.

In the statement of claim, Santamil Selvi and her children claimed that they had to
move to India in exile due to the second statutory declaration made by Bala over the
murder of the Mongolian model Altantuya Shaariibuu and said they stayed in India
for 56 months from July 4, 2008.

Santamil Selvi and her children are seeking RM840,000 in damages, including the
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. -- Bernama