KUALA LUMPUR: The wife of the late private investigator P.Balasubramaniam has no legal right to initiate a civil suit against the Prime Minister, a High Court heard.
Lead counsel Datuk Mohd Hafarizam Harun, who appeared for the Prime Minister and his wife named as defendants in the suit, argued that no letter of administration over the estate of the deceased was issued to her.
"Therefore, the plaintiff (the wife of deceased) did not have the capacity to initiate the suit as a representative," he argued before Justice Hasnah Mohammed Hashim in asking to strike out the suit against his both clients.
Mohd Hafarizam also submitted that the issues raised in the conspiracy suit were speculative based on conjecture and hearsay.
He said the allegation of facts stated in the suit was not at the personal knowledge of the plaintiff.
"(Prime Minister) Datuk Seri Najib Tun Razak and his wife Datin Seri Rosmah Mansor have not met the deceased (Balasubramaniam) at all," he said.
He said that the claim was scandalous, frivolous, vexatious and abuse of court process and the plaintiff have failed to show there was any agreement or consent between the defendants to cause injury to her.
The widow of Balasubramaniam, A.Santamil Selvi, and their three children are suing nine people over an alleged conspiracy.
The defendants included businessman Deepak Jaikishan, Najib's younger brothers Datuk Ahmad Johari Abdul Razak and Datuk Mohd Nazim Abdul Razak, senior lawyer Tan Sri Cecil Abraham, his son
counsel Sunil Abraham, commissioner of oath Zainal Abidin Muhayat and lawyer M.Arulampalam.
In the amended statement of claim filed on June 23, the family said that the deceased (Balasubramaniam) had been engaged by one of the accused, political analyst Abdul Razak Baginda, in the months of July and October 2006, to provide protection services in respect of the harassment Abdul Razak and his family were allegedly receiving from Mongolian Altantuya Shaariibuu.
(Shah Alam High Court judge Justice Mohd Zaki Md Yasin acquitted and discharged Abdul Razak without calling for his defence on Oct 31, 2008 for a charge of abetting in the murder of the translator).
Balasubramaniam, who died of a heart attack in March last year, had released a statutory declaration (SD) on July 3, 2008 in relation to certain facts which he was privy relating to then ongoing Mongolian's murder trial.
Balasubramaniam, who was a witness in the Altantuya's murder trial, released a second SD the next day to specifically retract certain contents on grounds that he had been "compelled to affirm the first SD under duress."
The court sets Dec 11 to deliver a decision on the striking out applications by nine defendants.
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