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Friday, August 11, 2017

PI Bala's family sues Najib, Rosmah and others again

The family of the late private investigator P Balasubramaniam has filed a RM1.9 million suit against Prime Minister Najib Abdul Razak, his wife Rosmah Mansor and seven others for injury and loss of income when they were in exile between 2008 and 2013.
This is the second time Balasubramaniam's family are trying to sue Najib and Rosmah. The suit was never heard and they have exhausted the appeals process.
The first suit involved a claim for RM1.9 million in damages for conspiracy. Now, the family is claiming injury and general damages for mental anguish and trauma that the family had to endure.
The new suit listed the seven others defendants as Najib's brothers Ahmad Johari and Nazim, lawyers Cecil Abraham and his son Sunil, businessman Deepak Jaikishian, commissioner of oaths Zainal Abidin Muhayat and lawyer M Arulampalam.
According to the family's statement of claim, Balasubramaniam publicly unveiledhis statutory declaration on July 3, 2008 which contained damning allegations against Najib and his links with slain Mongolian national Altantuya Shaariibuu.
Following this, the family claimed that Rosmah had summoned Deepak to Sri Satria, the official resident of the deputy prime minister, for talks over the statutory declaration.
The family alleged that Najib and Rosmah met Deepak at Sri Satria and that the latter was instructed to convince Balasubramaniam to retract the statutory declaration.
Unaware of 2nd SD contents
This was then allegedly conveyed to Balasubramaniam at a restaurant in Rawang. Balasubramaniam was allegedly threatened and promised money if the retraction was made.
Balasubramaniam allegedly met Nazim later and that the latter said Deepak's instructions ought to be followed.
According to the family, Ahmad Johari had sought Cecil's help to draft a second statutory declaration at the Hilton Hotel in Kuala Lumpur.
The second statutory declaration was allegedly delivered by Sunil to the Hilton Hotel Kuala Lumpur lobby and Deepak had brought the document to a room where Balasubramaniam was being held.
According to the family, Balasubramaniam was not allowed to read the second statutory declaration while Zainal Muhayat affirmed his signature on the document.
A press conference was held the next day, July 4, 2008, to present the second statutory declaration to the press. Balasubramaniam was present and represented by Arulampalam.
The family claimed that immediately after the press conference, Balasubramaniam was brought back to the Hilton Hotel where he met his wife and family. Later that day, all of them boarded a van to Singapore.
Defendents seeking stay order
It was reported that Balasubramaniam was in exile from July 2008 and returned in March 2013.
The family is seeking special and exemplary damages which include Balasubramaniam and his wife A Santamil Selvi's loss of income, the rental on the apartments, schooling for their children and not being able to pay loans for their Rawang home.
They claimed that the second statutory declaration was not composed in accordance with Balasubramaniam's instructions and it was secured through coercion and inducements.
They also claimed that their exile had resulted in a pecuniary and non-pecuniary benefit of all the defendants.

The plaintiffs noted that their first suit on the tort of the conspiracy had been struck out by the High Court, the Court of Appeal and Federal Court, hence are therefore filing this suit under a different tort.
It is understood that a case management for the case was held yesterday where all the defendants seek to strike out the suit and asked that their defence statement be stayed until the striking out application is heard.
It is learnt that the matter was fixed before Justice Hue Siew Kheng at the High Court in Kuala Lumpur.
READ: Balasubramaniam's first and second statutory declaration

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