Conspiracy suit by PI’s wife struck out


  • Nation
  • Friday, 12 Dec 2014

KUALA LUMPUR: Prime Minister Datuk Seri Najib Tun Razak, his wife Datin Seri Rosmah Mansor and seven others have succeeded in striking out the conspiracy suit filed by the late private investigator P. Balasubramaniam’s widow and children.

The suit was in relation to Balasubramaniam and his family being allegedly forced to leave the country for almost five years.

In allowing the striking out application, High Court judge Justice Hasnah Mohammed Hashim ruled that there was no locus standi by the plaintiffs to file the suit as there was no letter of administration of the estate issued by any court.

Justice Hasnah said the plaintiffs should file the suit between 2008 and 2013 when the conspi­racy allegedly took place or before Balasubramaniam passed away.

“The widow, A. Santamil Selvi, lacks the capacity to file action on behalf of the estate of her late husband.

“There is no special circumstances to hear the merits of the suit as the plaintiffs have no locus standi,” Justice Hasnah said when delivering her judgment yesterday.

She instructed a cost of RM2,000 for each defendants except for Najib’s brother Datuk Ahmad Johari Abdul Razak, senior lawyer Tan Sri Cecil Abraham and his son Sunil Abraham who were named as third, fifth and sixth defendants, respectively.

Other defendants were Datuk Mohd Nazim Abdul Razak, commissioner for oath Zainal Abidin Muhayat, lawyer M. Arunampalam and carpet seller Deepak Jaikishan.

Santamil and her three children – B. Kishen, B. Menaga and B. Reeshi – filed the action in their perso­nal capacity and on behalf of the estate of Balasubramaniam or better known as PI Bala.

In their statement of claim, Santamil and her children said they moved to India for 56 months from July 4, 2008, until Balasubramaniam died on March 15 last year.

Santamil sought a RM840,000 in damages, including rental of an apartment in Chennai, India, her children’s school fees and the loss of income as a kindergarten teacher, housing loan, transportation cost, general and special damages and costs.

She alleged that her late husband was forced to withdraw the first statutory declaration made on July 1, 2008, on certain facts on the murder of Mongolian woman Altantuya Shaariibuu.

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Courts & Crime , najib

   

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