Feb 6 decision on bid by Bala's widow to cross-examine Deepak

The High Court in Kuala Lumpur today fixed Feb 6 to deliver its decision on an application by the widow of private investigator P Balasubramaniam and her children to cross-examine carpet dealer Deepak Jaikishian in a suit linked to the murder of Mongolian model Altantuya Shaaribuu.

This follows case management of A Santamil Selvi's suit against Prime Minister Najib Abdul Razak, his wife Rosmah Mansor and seven others, including Deepak.

Santamil Selvi and her children filed the suit last Aug 1, claiming injury and loss of income following the family's exile to India from 2008 to 2013.

The claimed they were forced to flee into exile as they feared for their safety following Balasubramaniam's first and second statutory declaration (SD) to the authorities on the murder of Altantuya.

Santamil filed an application to cross-examine Deepak following him giving two defence statements, one which he personally handed to the widow's former lawyer Americk Sidhu when he (Deepak) was still not represented in the suit.

The second was filed by Shafee through the latter's firm Shafee & Co when he was appointed Deepak's lawyer later.

Santamil's lawyer, Damian Chan told reporters outside the court today that Justice Hue Siew Kheng told Deepak's lawyer to give a written submission by Jan 22.

“Following that, Justice Hue fixed Feb 6 to deliver her decision,” said Chan. The court has also fixed that same day as case management for Deepak's striking-out application.

Deepak - who was present with lawyer Sarah Abishegam from Shafee and Co - told reporters that Justice Hue had asked him in chambers whether he had engaged Shafee & Co.

This followed allegations by two parties that Deepak (pix below) appointed the legal firm under duress.

“I told the judge that I need to accept the appointment of Shafee and Co,” he told reporters today.

It was previously reported that the editor of whistleblower website Sarawak Report, Claire Rewcastle-Brown, and Americk had sworn an affidavit in support of Santamil's striking-out application of Deepak's second defence statement filed by Shafee and also to remove Shafee from representing him.

Malaysiakini had also reported on Dec 1 last year that Deepak had allegedly handed RM250,000 to Americk to be given to Santamil following the legal action filed by the widow.

This was revealed in an affidavit filed by Americk. Rewcastle-Brown had also affirmed in an affidavit in support of Santamil that she believes that Deepak was acting under duress in appointing Shafee.

It was previously reported that Deepak had emailed his first defence statement to Santamil’s lawyer Americk on Oct 25, when Shafee was not in the picture.

When Shafee was appointed, his firm submitted Deepak's second defence on Nov 6. 

Last Dec 7, Najib, Rosmah and six others had applied to strike out the suit by Santamil and her children and Justice Hue fixed Jan 30 to deliver her decision.

The other defendants in the case are Najib's younger brothers Ahmad Johari and Nazim, lawyers Cecil Abraham, Sunil Abraham, and M Arulampalam, and commissioner of oaths Zainal Abidin Muhayat.

Shafee had in 2006 defended Razak-linked politcal analyst Abdul Razak Baginda 53, when he was charged with abetment in Altantuya's murder.

Razak Baginda was acquitted while two policemen - Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar – were later found guilty for the model's murder.- Mkini