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Thursday, 7 August 2014

Deepak seeks to strike out suit by PI Bala's widow - Malaysiakini

Controversial carpet dealer Deepak Jaikishian filed an application in the High Court in Kuala Lumpur today to strike out the suit filed by the widow of the late private investigator P Balasubramaniam.

This was confirmed to Malaysiakini by lawyer Americk Sidhu (right) who is appearing for the widow, A Santamil Selvi, and her three children.

The matter came-up for case management before deputy registrar Norfauzani Mohd Nordin today.

Santamil Selvi and the children filed the RM1.9 million suit on June 11, alleging conspiracy by nine defendants they named for using unlawful means or unlawful acts to cause injury or damage against them and the late Balasubramaniam.

It was previously reported that Deepak had yet to be served with the writ of suit, despite eight others, including Prime Minister Najib Abdul Razak and his wife Rosmah Mansor, having been served the papers.

Besides Najib and Rosmah, the others named in the suit are two of Najib's brothers Johari and Nazim, senior lawyer Cecil Abraham and his lawyer son Sunil, commissioner of oaths Zainal Abidin Muhayat and lawyer M Arunampalam.

Last month, all the eight named applied to strike out the suit filed by Santamil Selvi (left) and her children.

Today, Deepak and his lawyer, Gabriel Daniel, applied for extension of time to file the necessary papers to strike out the application of Santamil Selvi and her children.

Norfauzani fixed Aug 21 as the deadline for Deepak to file the application. She also fixed the same date for case management.

Americk said after getting all the necessary applications he will then seek instructions from Santamil Selvi to respond to all of them.

At present, he said, all eight have already filed the application tom strike out the suit and he wanted to respond to all the applications at one go.

'Unlawful acts' caused family to go into exile

In their suit, Santamil Selvi and the children claimed that conspiracy among the nine defendants resulted in them having to go into exile for almost five years from July 2008.

This took place after Balasubramaniam was forced to retract his first statutory declaration linking Najib with the murder of Mongolian woman Altantuya Shaariibuu.

The widow and the children are claiming for loss and damages as a result of being forcibly removed from Malaysia against their will on July 4, 2008.

They claim they were threatened or induced by the defendants, who conspired with one another against her husband and their family after Balasubramaniam was forced to come up with the second statutory declaration to deny the content of the first.

Balasubramaniam, or Bala as he was widely known, was hired by political analyst Abdul Razak Baginda (left), then a close confidante of Najib, who was then deputy prime minister, to stop Altantuya from disturbing him.

He was among the last to see Altantuya alive when he accosted her at Razak's Bukit Damansara home and handed her to Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar.

Azilah and Sirul were convicted of murdering Altantuya by the High Court in Shah Alam, while Razak, who was named as an accomplice in the murder, was acquitted without his defence being called.

However, the two Special Action Unit members were acquitted by the Court of Appeal last year, while a decision on the prosecution's appeal against the acquittal is pending before the Federal Court.

Besides this, the Advocates and Solicitors Disciplinary Board is scheduled to hear proceedings against Cecil and Sunil on Aug 23 over their alleged role in drafting Bala's second statutory declaration.

This follows the revelation made by Americk at a special annual general meeting of the Malaysian Bar last year that Cecil admitted his role in the second SD to him.

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