Najib, Rosmah file application to dismiss Balasubramaniam's family lawsuit

06 Sep 2017 / 21:14 H.

KUALA LUMPUR: Prime Minister Datuk Seri Najib Abdul Razak and wife, Datin Seri Rosmah Mansor have applied to strike out a lawsuit filed by the family of the late private investigator, P. Balasubramaniam.
The suit was filed by Balasubramaniam's widow, A. Santamil Selvi and their three children against the couple and seven other individuals over their claim for losses incurred during their stay out of the country for five years since 2008.
Lawyer Nor Hazira Abu Haiyan, who represented Najib and Rosmah, told reporters that the couple had filed an application to strike out the suit on Aug 10, on the grounds that the plaintiffs had no cause of action against both of them.
"The plaintiffs have no locus standi and the lawsuit filed is petty, causing inconvenience and an abuse of the court process," she said after the case management before High Court Judge Datuk Hue Siew Kheng in chambers today.
The seven other defendants, Najib's brothers Datuk Ahmad Johari and Datuk Mohd Nazim; lawyer Tan Sri Cecil Abraham and his son, Sunil; Commissioner for Oaths Zainal Abidin Muhayat; businessman J. Deepak; and, lawyer M. Arunampalam, also filed an application to dismiss the suit.
Meanwhile, lawyer Americk Sidhu, who represented Balasubramaniam's widow and the three children said the court fixed Sept 25 to hear the application of the defendants to discharge him (Americk) from representing the family.
On Dec 2, 2015, the Federal Court dismissed the application by Santamil Selvi and her children for leave to appeal against the Court of Appeal's decision which cancelled their notice of appeal on April 24 of the same year. The High Court struck out the suit on Dec 11, 2014.
On July 13, this year, the widow and her children, B. Kishen, B. Menaga and B. Reeshi once again filed a lawsuit, naming the same individuals as defendants to claim their losses during their stay in Chennai, India for 56 months from July 4, 2008 to March 15, 2013, when Balasubramaniam died of a heart attack.
In their statement of claim, Santamil Selvi said her husband was forced to withdraw his first statutory declaration made on July 1, 2008, pertaining to certain facts in the murder of Mongolian woman, Altantuya Shaariibuu.
They had sought damages amounting to RM840,000, including for rental of an apartment in Chennai, India, the children's school fees and her loss of income as a kindergarten teacher, housing loan, transport costs, general damages, special damages and costs. — Bernama

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