Lawyer Americk Sidhu says he has written to judge Hue Siew Kheng to strike out the businessman's latest defence.
PETALING JAYA: A suit by the widow of private investigator P Balasubramaniam against Prime Minister Najib Razak, his wife Rosmah Mansor and seven others has taken a new twist.
Businessman Deepak Jaikishan, one of the nine defendants named by A Santamil Selvi and her children, has served two conflicting defences to lawyer, Americk Sidhu.
Deepak’s first defence on Oct 25 stated that Najib and Rosmah were the masterminds who orchestrated the plaintiff’s exile to India in 2008.
However, the latest defence filed in court on Monday, through the legal firm of Shafee & Co and served on Americk, was sighted by FMT, and absolved the couple from any wrongdoing.
Americk said the defence statements were “diametrically opposed” in material particulars.
“The first defence served on me is basically an admission of all the facts pleaded by the plaintiffs (Santamil Selvi and children),” he said.
The second, he said, was a mere denial of all the facts.
Americk said he has written to judge Hue Siew Kheng to strike out Deepak’s latest defence.
Santamil Selvi has named Najib, Rosmah, Deepak, Najib’s brothers Mohd Nazim and Johari, lawyers Sunil Abraham, Cecil Abraham, Arunampalam Mariampillai, and commissioner for oaths Zainal Abidin Muhayat as parties to her action.
Santamil Selvi, who is also acting for the estate of Balasubramaniam, filed the action in August for suffering intentional harm as a result of her family’s exile to India.
She said the defendants had deprived her family of a normal life, and caused them to suffer financial and non-financial losses.
They claim to have suffered trauma and mental anguish caused by the defendants, and to have been deprived of a home in familiar surroundings.
Santamil Selvi, together with her two children, Kishen and Menaga, are seeking damages with interest for losses suffered from July 2008 as a result of their five-year displacement.
Balasubramaniam, who was better known as PI Bala, was previously embroiled in a controversy over his two conflicting statutory declarations (SD) in the high-profile 2006 murder of Mongolian model Altantuya Shaariibuu.
In the present suit, the family said the defendants had caused Balasubramaniam’s second SD to be drafted without his instruction and further caused him to sign it under threat and inducement.
He was forced to leave Malaysia for India in a hurry after signing the second SD in July 2008, a day after the first was released, it added.
The second SD, dated July 4, 2008, is supposed to have cleared Najib of any involvement in the case.
Balasubramaniam, in the second SD, said he wished to retract the entire contents of his first SD dated July 1, as it had been made under duress.
On July 3, 2008, Balasubramaniam told a packed press conference, organised by PKR, that the contents of the first SD, which implicated Najib and several others in the murder of Altantuya, were true.
Balasubramaniam, a key witness in the Altantuya trial, died of a heart attack on March 15, 2013, weeks after returning from India.
He had worked for political analyst and Najib associate Abdul Razak Baginda, who hired him to monitor Altantuya before her disappearance.
Judge Hue will on Dec 7 hear applications by Najib, Rosmah and seven others to strike out Santamil’s suit.
The views expressed in the contents are those of our users and do not necessarily reflect the views of FMT.
Sumber PI Bala’s wife’s suit: Deepak has 2 conflicting defences
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