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Monday, October 29, 2018

Deepak gets to file third-party claims against Najib, Rosmah


The High Court in Kuala Lumpur today directed lawyers representing controversial carpet trader Deepak Jaikishian to serve his third-party claims against former premier Najib Abdul Razak, his wife Rosmah Mansor and six others within the next three weeks.
This follows the decision of Justice Azimah Omar to fix Nov 23 for case management of the matter before a senior assistant registrar, after the third-party claims had been filed.
Azimah is the newly appointed judge who will hear the suit of the widow of the late private investigator P Balasubramaniam, A Santamil Selvi's and her three children against Deepak over their exile to India in relation to the murder of Altantuya Shaariibuu.
The court also fixed Nov 14 for case management for Deepak to inform the court whether he is pursuing the striking-out application which he had filed through his previous lawyer Muhammad Shafee Abdullah.
Initially, Santamil Selvi had named Najib, Rosmah, Najib's siblings Ahmad Johari and Nazim, lawyers Cecil Abraham, Sunil Abraham and M Arulampalam, commissioner of oaths Zainal Abidin Muhayat and Deepak as defendants in the suit filed in August last year.
However, a three-member Court of Appeal bench led by Justice Tengku Maimun Tuan Mat had on July 25, this year, allowed their appeal and removed Najib, Rosmah, Ahmad Johari, Nazim, Cecil, Sunil, Arulampalam and Zainal Abidin's as defendants in the claim.
Despite the Court of Appeal decision, Deepak had indicated to the previous judge Hue Siew Kheng who had recently retired that he would institute third-party proceedings against them and bring all eight of them back.
Santamil is also appealing the Court of Appeal decision where the Federal Court has fixed Feb 26, next year, to hear the appeal.
In today's proceeding, Deepak was represented by lawyer Vinod Kamalanathan, who mentioned on behalf of lawyer Americk Sidhu for Santamil Selvi.
Balasubramaniam died in March 2013 of a heart attack after returning to Malaysia from India.
Santamil and her children filed their first suit in 2014 against Najib, Rosmah and the seven others for allegedly committing a conspiracy that forced their family to be exiled in India for five years.
The first suit was never heard on its merits as was struck out on the grounds of locus standi (legal standing) and the family has since exhausted the appeals process.
Santamil and her family then filed the second suit, the current one, on Aug 1, last year, claiming injury and loss of income. - Mkini

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