The Malaysian Insider – 19 hours ago
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- Najib, Rosmah want suit by PI Bala’s widow struck out, court told
Prime Minister Datuk Seri Najib Razak and his wife Datin Seri Rosmah Mansor, who are attempting to strike out a conspiracy suit against them by the widow of private investigator P. Balasubramaniam, have taken the position that she lacks the capacity to file the action as she has yet to obtain a letter of administration of his estate.
Their lawyer, Datuk Mohd Hafarizam Harun, told the High Court that A. Santamil Selvi should have extracted a sealed copy of the document before filing her suit in June this year.
"The suit should be struck out because she did not have the document which gives her authortiy to act on behalf of her late husband's estate."
Najib and Rosmah are among nine respondents named in the suit filed by Balasubramaniam’s family which would expose their alleged 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.
Other defendants in the suit 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.
Lawyers who appeared for the rest also adopted the position taken by Najib and Rosmah that the widow lacked locus standi.
Hafarizam further submitted that Najib and Rosmah were not involved in the conspiracy.
"The allegation is purely a conjecture and hearsay."
The Umno lawyer said the widow and the children did not suffer from any financial losses even if there was a conspiracy.
"There is no reasonable cause of action because the plaintiffs did not plead the factual circumstances as to how the first and second defendants (Najib and Rosmah) were involved," he said.
Lawyer Americk Sidhu, who is appearing for Santamil Selvi and her children, told the court Santamil had filed the action in her personal capacity and on behalf of the estate of Balasubramaniam.
"She is fit to sue in her personal capacity and on behalf of the children."
Americk said there were special circumstances why the merits of the suit should be heard.
"The six year limitation period to file the suit ended on July 2 this year and she had filed her court papers before."
Santamil filed the writ and statement of claim on June 9.
Americk said the defendants were trying to show they were innocent and should not be held responsible.
He said the crux of the suit is that arrangements were made for Balasubramaniam to retract his first sworn statement and financial inducements were offered to him to leave the country.
"There is only one conspiracy although many were involved to remove Balasubramaniam from the Malaysian police and the judiciary."
He said the suit fulfilled every ingredient of conspiracy, and added that the defendants had committed various criminal offences under the Penal Code.
"This is not a hopeless case and a trial must be held for the plaintiffs to substantiate their claims," he added.
Judge Datuk Hasnah Mohammed Hashim will deliver her ruling on December 11 as to whether to suit should be struck out.
Santamil and her children are suing for losses suffered during their exile between July 2008 and early last year.
Balasubramaniam died of a heart attack on March 15, 2013, weeks after returning from India.
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 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".
The second SD also read that all prior statements made were inaccurate and not the truth.
Balasubramaniam then remained tight-lipped during a news conference at a hotel in Kuala Lumpur where his new lawyer M. Arulampalam was present to take questions from the media.
They left after distributing copies of the second SD but Arulampalam said his client was under duress and that he was upset.
On July 3, 2008, Balasubramaniam had told a packed press conference organised by de facto PKR leader Datuk Seri Anwar Ibrahim that the contents of the first SD which implicated Najib and several others in Altantuya's murder in 2006 were true. – November 20, 2014.
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