Court strikes out lawsuit by PI Bala’s family against Najib, Rosmah, others

Datuk Seri Najib Razak and his wife, Datin Sri Rosmah Mansor have successfully dismissed a case against them by the family of investigator P. Balasubramaniam, December 11, 2014. — Picture by Saw Siow Feng
Datuk Seri Najib Razak and his wife, Datin Sri Rosmah Mansor have successfully dismissed a case against them by the family of investigator P. Balasubramaniam, December 11, 2014. — Picture by Saw Siow Feng

KUALA LUMPUR, Dec 11 — Prime Minister Datuk Seri Najib Razak, his wife Datin Seri Rosmah Mansor and seven others today successfully dismissed a RM1.9-million lawsuit by the family of late private investigator P. Balasubramaniam.

In allowing their application to strike out the suit, High Court judge Datuk Hasnah Mohammed Hashim ruled that Balasubramaniam’s wife had no legal standing to sue on behalf of his estate, pointing out she was not made its administrator.

“The facts of the present case do not possess the elements of special circumstances,” the judge said.

The family’s lawyer previously said the six-year deadline falling on July 2, 2014 for them to file the suit amounted to “special circumstances” that should allow the case to be heard despite the wife lacking letters of administration.

The judge said, however, that they should have filed the suit earlier.

On the family’s claim that the nine had carried out a civil conspiracy, the judge said Balasubramaniam’s wife had not included sufficient evidence to support the claim.

“The ingredients to make up a conspiracy are sorely lacking in the plaintiff’s statement,” she said.

According to the judge, Balasubramaniam’s family must list down details such as the alleged agreement between the purported conspirators, the unlawful acts and lawful actions that were carried out through illegal means, as well as the resulting harm caused to them.

The judge also ordered the family to pay six of the nine respondents RM2,000 in costs each. Three of them — Najib’s brother Datuk Ahmad Johari Abdul Razak and lawyer Tan Sri Cecil Abraham and his son Sunil Abraham — did not ask for costs.

Balasubramaniam, who was popularly known as PI Bala, was previously embroiled in a controversy over his two conflicting statutory declarations on the high-profile 2006 murder of Mongolian model Altantuya Shaariibuu.

When met outside the courtroom today, the lawyer acting for Bala’s family, Americk Sidhu, said his clients will appeal the decision.

In June this year, Bala’s wife, AS Selvi, and their three children sued Najib, Rosmah and seven others for allegedly carrying out a conspiracy that forced them to live in exile in India for almost five years. Selvi had sued in both her personal capacity and on behalf of Bala’s estate.

The seven others sued are Najib’s brothers Datuk Mohd Nazim Abdul Razak and Ahmad Johari; lawyer Cecil and his son, Sunil; commissioner of oaths, Zainal Abidin Muhayat; lawyer Arunampalam Mariampillai and businessman Deepak Jaikishan.

In June, Americk explained that his clients had filed the suit after the discovery of new evidence that appears to implicate all the nine individuals sued in perpetrating the alleged wrong against them.

Americk reportedly said his clients are claiming for damages to compensate their removal from Malaysia against their will on July 4, 2008, due to an alleged conspiracy by the nine defendants - including through alleged threats or inducements.