The High Court in Kuala Lumpur today fixed a date to deliver its decision on whether the suit filed by Santamil Selvi, the widow of P Balasubramaniam, against Prime Minister Najib Abdul Razak and his wife Rosmah Mansor will be struck out.
After hearing submissions from the lawyers representing Najib, Rosmah and six other defendants, Justice Hue Siew Kheng set Jan 30, 2018 to deliver the 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.
They told the court that the High Court is bound by res judicata, since a higher court decision had already allowed the striking-out application of Santamil’s previous suit against the same defendants.
Santamil’s first suit was for committing conspiracy, while the latest action is for causing injury to the plaintiffs.
Santamil (photo) filed the suit on Aug 1, claiming injury and loss of income, following the family's exile to India in 2008, after Balasubramaniam's first and second statutory declaration (SD) on the murder of Altantuya Shaaribuu.
The defendants also said that the latest suit was filed out of time.
Former federal court judge Gopal Sri Ram, who appeared as counsel for Santamil and her children, argued that the latest suit is different from the first, and that there were issues requiring the matter to proceed to trial.
The court, however, has yet to hear any submissions from carpet businessperson Deepak Jaikishian to strike out the suit, following his second defence filed on Nov 6.
Santamil had sought to strike out Deepak's second defence, and also remove senior lawyer Muhammad Shafee Abdullah as Deepak’s lawyer.
It was previously reported that Deepak had emailed his defence to Santamil’s lawyer Americk Sidhu on Oct 25, when Shafee was out of the picture.
When Shafee was reappointed back, his firm submitted Deepak's defence on Nov 6.
Malaysiakini had also reported that Deepak had allegedly handed over RM250,000 to Americk to be given to Santamil.
Americk and Sarawak Report editor Clare Rewcastle-Brown filed their affidavits to support Santamil's application to remove Shafee and strike out the defence.
Najib and Rosmah were represented by lawyer Mohd Hafarizam Harun.- Mkini
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