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Thursday, December 11, 2014

Court strikes out suit by PI Bala’s widow against Najib, others

The High Court today struck out the RM2 million suit brought by the widow of  P. Balasubramaniam against Prime Minister Datuk Seri Najib Razak, his wife Datin Seri Rosmah Mansor and seven others. – The Malaysian Insider pic, December 11, 2014.The High Court today struck out the RM2 million suit brought by the widow of P. Balasubramaniam against Prime Minister Datuk Seri Najib Razak, his wife Datin Seri Rosmah Mansor and seven others. – The Malaysian Insider pic, December 11, 2014.
Prime Minister Datuk Seri Najib Razak, his wife Datin Seri Rosmah Mansor and seven others have successfully struck out a RM2 million suit brought by the widow of P. Balasubramaniam against them.
High Court judge Datuk Hasnah Mohamed Hashim said A. Santamil Selvi lacked the capacity to file action on behalf of the estate of her late husband.
"There is no special circumstance to allow the merits of the suit to be heard because she has no locus standi," Hasnah said today in allowing the application by the nine to throw out the case.
The suit would have allegedly exposed their roles in sending the late private detective, and his wife and three kids into forced exile if a trial was allowed.
This would also include why Balasubramaniam was forced to retract his first sworn statement and why he and his family were forced to leave the country for almost five years.
Hasnah said the suit was also not sustainable because it lacked clarity.
"She has to prove every ingredient of the tort to get damages but that was lacking."
Hasnah said Balasubramaniam could have filed the suit earlier as the cause of action started in 2008 but did not do so for unknown reasons.
He died of a heart attack on March 15 last year, weeks after he and his family returned from forced exile in India.
  
Lawyer Americk Sidhu, who appeared for Santamil Selvi and her three children, had earlier told the court that the plaintiffs would be out of time as the deadline to file the action was on July 2 this year.
Santamil, who filed the writ and statement of claim on June 9, however, applied to extract the letter of administration.
Lawyer Datuk Mohd Hafarizam Harun, who appeared for Najib and Rosmah, and another counsel who represented the defendants to strike out the suit took the common position that Santamil lacked the capacity as she has yet to obtain the letter of administration .
Apart from Najib and Rosmah, the other defendants are Najib's brothers Datuk Ahmad Johari Abdul Razak and Datuk Mohd Nazim Abdul Razak, senior lawyer Tan Sri Cecil Abraham, his son Sunil Abraham, commissioner for oaths Zainal Abidin Muhayat, lawyer M. Arulampalam and carpet dealer Deepak Jaikshan.
Santamil and her children filed the suit for losses suffered during their exile between July 2008 and early last year.
In the suit, the family said the defendants had caused Balasubramaniam's second SD "to be drafted without the instructions of the deceased and further caused the deceased to sign the same under threat and inducement".
Balasubramaniam, better known as PI Bala, was a witness in the murder trial of Mongolian interpreter Altantuya Shaariibuu. He left Malaysia in a hurry after he signed a second SD in 2008, which purportedly cleared Najib of involvement in the case.
He came into the limelight after it emerged that he had worked for political analyst and Najib's associate, Abdul Razak Baginda, who hired him to monitor Altantuya, and when he retracted his first sworn statement about the matter on July 4, 2008.
Balasubramaniam in the second SD had said that he wished "to retract the entire contents of my first statutory declaration dated July 1, 2008. I was compelled to affirm the said first statutory declaration under duress".
- TMI

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