THE wife of late private investigator P. Balasubramaniam has applied to cite Umno lawyer Muhammad Shafee Abdullah for contempt for allegedly preventing his former client, businessman J.R. Deepak Jaikishan, from giving evidence under cross-examination.
Santamil Selvi said Shafee had acted in concert with two others to ensure the absence of Deepak for cross-examination during a suit against former prime minister Najib Razak, whom Shafee also represents.
The suit, filed by Santamil and her three children on July 23, 2017, sought RM840,000 in damages from Najib, his wife, Rosmah Mansor, and seven other defendants for trauma caused as a result of a second statutory declaration made by Bala over the murder of the Mongolian Altantuya Shaariibuu.
Lawyer Abdul Azeez Abdul Rahim and Dr Ganesanathan Sanmuganathan were also named as respondents, according to her notice of application filed at the Kuala Lumpur High Court today.
Deepak, 46, was originally meant to testify on March 19 last year, before lawyers wrongfully informed the court that he was ill, Santamil said in the notice of application.
Deepak’s cross-examination was postponed to March 27 last year, but Deepak did not turn up. Santamil said Ganesanathan made a medical report that was “false in material particulars” that had allowed Deepak to be admitted into Pantai Damai Hospital.
The medical report, attached with Santamil’s affidavit, said Deepak was admitted for food poisoning and suffered from “abdominal pain, nausea and severe anal pain”.
Santamil said the report was “meant for the purpose of obtaining an adjournment of the hearing in court by unlawful means”.
Shafee and Azeez sought to prevent Deepak “from giving evidence on oath under cross-examination and speaking the truth”, she said.
“The purpose was to prevent the eighth respondent (Deepak) from telling the truth about the involvement of other defendants in the main (legal) action as this would have implicated Dato Seri Najib Tun Razak especially, in various misdeeds in relating to our forced exile to India in July 2008,” the affidavit said.
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Deepak lodged a police report on October 19, 2018, in which he accused all three men of conspiring with each other to prevent him from attending the court for the purpose of cross-examination.
Deepak also alleged that he was forced to take Shafee as his lawyer early last year on the instruction of Najib on threat of pressure by government-linked financial institutions and government departments. Najib was prime minister until May 9, when Barisan Nasional failed to retain power after the 14th general election.
He said he was forced to be admitted to a private hospital on March 19, a private hospital on March 27 and a private hospital in New Delhi on April 13 to avoid testifying.
High court judge Azimah Omar set March 8 for hearing and decision, Santamil’s lawyer, Americk Sidhu, said after a hearing in chambers today.
On January 30 last year, the Kuala Lumpur High Court rejected the applications by the eight defendants to strike out the second suit filed by Santamil.
However, they succeeded in their appeal at the Court of Appeal in July last year to set aside the high court ruling.
The High Court will hear on March 29 hear a fresh application by Deepak to reinstate Najib and seven others as the third party in the suit filed by Santamil.
This is Santamil’s second suit against Najib. Apart from Najib and Rosmah, the other six defendants are Najib’s brothers, Mohd Nazim and Ahmad Johari, lawyers Cecil Abraham and Sunil Abraham, lawyer Arulampalam Mariampillai and commissioner for oaths Zainal Abidin Muhayat.
Bala was a key witness in Altantuya’s murder trial. He died of a heart attack on March 15, 2013, weeks after returning from India.
Santamil and her children said they moved to India because of Bala’s second statutory declaration on Altantuya’s murder, and said they stayed in India for 56 months from July 4, 2008 until Bala’s death.
– https://www.themalaysianinsight.com/
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