Family of late PI Bala fails to restore suit against PM, Rosmah, six others

This follows a decision of the Court of Appeals here today to strike out Balasubramaniam's widow A. Santamil Selvi's notice of appeal after ruling that it (the notice) was defective.

The three-member panel chaired by Justice Datuk Mohd Zawawi Salleh unanimously allowed the applications brought by the prime minister, his wife and the other six persons to strike out the appeal by Santamil Selvi and their three children.

"Having heard argument of the parties both oral and written, we are in complete agreement with counsel for the applicants that the notice of appeal is defective and ought to be struck out," he said.

"There are seven separate and distinct decisions (by the High Court judge in striking the suit) said Justice Zawawi.

He also ordered Santamil Selvi to pay RM5,000 in legal costs to each of the applicants.

Justice Zawawi, however, fixed May 6 for case management on Santamil Selvi's appeal to restore her suit against businessman Deepak Jaikishan as he (Deepak) did not apply to strike out her notice of appeal.

The other two judges presiding on the panel were Justices Datuk Abdul Rahman Sebli and Datuk Zamani A. Rahim.

Santamil and her children B. Kishen, B Menaga and B. Reeshi had filed the suit in June last year naming Najib, Rosmah, Najib’s younger brothers Datuk Ahmad Johari Abdul Razak, Datuk Mohd Nazim Abdul Razak, lawyer Tan Sri Cecil Abraham and his son Sunil Abraham, commissioner for oaths Zainal Abidin Muhayat, Deepak and lawyer M. Arunapalam as defendants.

She and her children filed the legal action for losses suffered during their stay out of the country for 56 months, from July 4, 2008, to March 15, 2013, when Balasubramaniam died of heart attack after returning from India.

Santamil Selvi said in the statement of claim that her husband was forced to withdraw the first statutory declaration made on July 1, 2008, pertaining to certain facts in the murder of Mongolian woman Altantuya Shaariibuu.

She also claimed that her husband, who was appointed as a private investigator by former political analyst Abdul Razak Baginda, who was one of the accused in the Altantuya murder case, had said that the statutory declaration was issued at a press conference on July 3, 2008.

Santamil Selvi and her children had sought damages amounting to RM840,000, including for rental of an apartment in Chennai, India; the children’s school fees and loss of income as a kindergarten teacher; housing loan, transport costs, general damages, special damages and costs.

The High Court in Kuala Lumpur on Dec 11, last year allowed the applicants' application to strike out her civil suit.

In the proceeding before the Court of Appeal here today, counsel Datuk Hafarizam Harun appearing for Najib and Rosmah submitted that Santamil's appeal should be struck out because her notice of appeal was improper before the court.

He said her notice of appeal was ambiguous as it did not describe that they were seven orders made by the High Court judge.