The Kuala Lumpur High Cout today allowed the application by P Balasubramaniam's widow A Santamil Selvi to cross-examine carpet dealer Deepak Jaikishian with regards to her suit over her family's self-imposed five-year exile following the murder of Altantuya Shaariibu.
Deepak who was present in court told reporters outside later that he will take the witness stand on March 2 and hoped "to finally tell the truth which I hope will set me free".
"I will tell what transpired during that period from the Federal Court matter and now. I will speak the truth," he said.
Justice Hue Siew Kheng allowed Santamil's application in chambers after Deepak instructed that his objection to her bid be withdrawn.
"The court then fixed March 2 for Deepak to be cross-examined on the witness stand," said Santamil's lawyer, Damian Chan.
Santamil and her children filed their suit last Aug 1, claiming injury and loss of income following the family's exile to India from 2008 to 2013.
She named Prime Minister Najib Abdul Razak and his wife Rosmah Mansor as among the defendants.
The claimed they were forced to flee as they feared for their safety following Balasubramaniam's first and second statutory declarations (SD) to the authorities on the murder of Altantuya.
Santamil (photo) then filed an application to cross-examine Deepak after he gave two defence statements, one which he personally handed to the widow's former lawyer Americk Sidhu on Oct 25 when he (Deepak) was not represented in the suit.
The second was filed on Nov 6 by lawyer Mohd Shafee Abdullah through the latter's firm Shafee & Co when he was appointed Deepak's lawyer later.
Chan told reporters that Deepak's cross-examination would be limited to two issues. The first, which of the two defence statements in question was the true one.
The second issue was whether Deepak had retained Shafee as his lawyer.
Deepak's first defence statement had implicated Najib and Rosmah, while the second filed by Shafee denied any notion of Najib and Rosmah's involvement in the matter.
Following this conflict, Santamil filed an application to strike out the second defence statement by Shafee and also to remove Shafee as Deepak's lawyer.
Malaysiakini previously reported that whistle-blower website Sarawak Report editor Claire Rewcastle Brown had in an affidavit sworn that Deepak was forced to appoint Shafee under duress and that he (Deepak) had handed over RM250,000 to Americk to be given to Santamil.
Americk stood as a witness for Santamil in the proceedings. Sarah Abishegam from Shafee & Co appeared for Deepak.
Last Dec 7, Najib, Rosmah and six others had applied to strike out the suit by Santamil and her children but failed.
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 for oaths Zainal Abidin Muhayat.
Shafee (above) had in 2006 defended Razak-linked political 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 of the model's murder.-Mkini
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