Businessman withdraws appeal to include Najib, seven others in suit filed by PI Bala’s family

A Court of Appeal three-man panel led by Justice Datuk Seri Kamaludin Md Said struck out the appeal after Deepak’s counsel Vinod Kamalanathan informed the court that he received instruction from his client to withdraw the appeal. — Reuters pic
A Court of Appeal three-man panel led by Justice Datuk Seri Kamaludin Md Said struck out the appeal after Deepak’s counsel Vinod Kamalanathan informed the court that he received instruction from his client to withdraw the appeal. — Reuters pic

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PUTRAJAYA, May 6 — Businessman J.R. Deepak Jaikishan withdrew his appeal to include former prime minister Datuk Seri Najib Tun Razak, his wife Datin Seri Rosmah Mansor and six others as the third party in a suit filed by the family of the late private investigator P. Balasubramaniam.

A Court of Appeal three-man panel led by Justice Datuk Seri Kamaludin Md Said struck out the appeal after Deepak’s counsel Vinod Kamalanathan informed the court that he received instruction from his client to withdraw the appeal.

Justice Kamaludin also ordered Deepak to pay a cost of RM1,000 each to the counsels representing the eight respondents.

Besides Najib and Rosmah, the other respondents are Najib’s siblings — Datuk Ahmad Johari and Datuk Mohd Nazim, lawyers Tan Sri Cecil Abraham, Sunil Abraham, Arulampalam Mariampillai and Commissioner of Oath Zainal Abidin Muhayat.

The other two judges were Justices Datuk Azizah Nawawi and Datuk Wira Ahmad Nasfy Yasin. The proceeding was conducted via video conferencing.

On August 6 last year, the High Court in Kuala Lumpur dismissed Deepak’s application to reinstate the names of the eight respondents as the third party in the suit filed by Balasubramaniam’s widow, A. Santamil Selvi and their three children, B. Kishen, B. Menaga and B. Reeshi, on grounds that he (Deepak) had failed to establish a prima facie case and that his application lack particulars.

Balasubramaniam, also known as PI Bala, was the key witness in the murder trial involving Mongolian Altantuya Shaariibuu in 2006.

He died of a heart attack on March 15, 2013, a few weeks after returning from India.

Santamil Selvi refiled a similar suit against Deepak and the eight respondents after her first suit was dismissed.

In their 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 Balasubramaniam pertaining to Altantuya’s murder and that they had stayed in India for 56 months from July 4, 2008.

The widow 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.

Except for Deepak, the eight respondents applied in the Kuala Lumpur High Court to strike Santamil Selvi’s second lawsuit but was unsuccessful.

They, however, succeeded in their appeal at the Court of Appeal to set aside the High Court’s decision.

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

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