Its the end of the road for the widow of private investigator P. Balasubramaniam and her children to restore their civil suit against Prime Minister Datuk Seri Najib Razak, his wife Datin Seri Rosmah Mansor and six others.
This followed the decision of the Federal Court's three-man-bench, chaired by Court of Appeal President Tan Sri Md Raus Sharif, Wednesday, in dismissing their application to amend their court documents.
A. Santamil Selvi and her children had applied to the Federal Court for a review of a decision by the Court of Appeal, which disallowed them to proceed with their appeal at the Court of Appeal, in a bid to set aside a High Court order that threw out their civil suit.
However, their counsel, Datuk Seri Gopal Sri Ram, applied to the Federal Court today to allow his clients to amend the application, from a review of a Court of Appeal decision, to a leave to appeal.
Counsel Datuk Hafarizam Harun, representing Najib and Rosmah, said the court should not allow it as the proposed amendments were ineffectual and useless because the Court of Appeal's decision was not appealable.
Therefore, Santamil Selvi could not apply for leave to appeal to the Federal Court, he added.
Justice Raus dismissed the application by Santamil Selvi and her children on grounds that the reason advanced by their counsel was insufficient for the court to exercise its discretion to allow the amendments.
He said since their request to amend the review application was dismissed, the review application therefore could not stand and was also dismissed, and ordered them to pay a total of RM60,000 in costs to seven respondents, including Najib and Rosmah.
Santamil Selvi and her children B. Kishen, B Menaga and B. Reeshi 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.
They named Najib, Rosmah, Najib's younger brothers -- Datuk Ahmad Johari Abdul Razak and Datuk Mohd Nazim Abdul Razak, lawyer Tan Sri Cecil Abraham and his son Sunil Abraham, commissioner for oaths Zainal Abidin Muhayat, businessman Deepak Jaikishan and lawyer M. Arunapalam as defendants in the suit.
However, Deepak was not named a respondent in the review application.
In their statement of claim, she said 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.
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, however, struck out their civil suit on Dec 11, last year without a full hearing after allowing the respondents' application to do so.
The Court of Appeal on April 24, this year upheld the High Court decision on the grounds that Santamil Selvi's notice of appeal was defective, prompting them to bring the matter to the Federal Court.
Outside the court, Hafarizam said Santamil Selvi's claim against his clients was over following the Federal Court's decision today.
Meanwhile, Santamil Selvi's appeal, in a bid to restore her civil suit against Deepak, would be heard by the Court of Appeal this Friday.
Deepak was not a respondent in Santamil Selvi's appeal in the Court of Appeal on April 24, this year.
Bernama
Thu Dec 03 2015
They were ordered to par RM60,000 in costs to seven respondents, including Najib and Rosmah.
Is climate change making tropical storms more frequent? Scientists say it's unclear
Scientists say it remains unclear how much climate change is reshaping the storm season.
Samples obtained by Chinese spacecraft show moon's ancient volcanism
The material provides new insight into the moon's geological history including the oldest evidence to date of lunar volcanism.
The scamdemic targeting the young and vulnerable
Teenagers and young adults are becoming prime targets for a new wave of cyber scams, a trend raising alarm bells across Southeast Asia.
Japanese manicurist takes on plastic pollution, one nail at a time
Before global leaders address plastic pollution, a Japanese manicurist highlights the issue by incorporating it into her nail designs.
What to watch for ahead of US presidential inauguration
Here's a timeline of events between now and inauguration day.
The battle to reduce road deaths
In Malaysia, over half a million road accidents have been recorded so far this year.
Pro-Palestinian NGOs seek court order to stop Dutch arms exports to Israel
The Dutch state, as a signatory to the 1948 Genocide Convention, has a duty to take all reasonable measures at its disposal to prevent genocide.
How quickly can Trump's Musk-led efficiency panel slash US regulations?
Moves by Trump and his appointees to eliminate existing rules will be met with legal challenges, as many progressive groups and Democratic officials have made clear.
2TM: Consultations on PTPTN loans, admission to IPTA at MOHE booth
Consultations on PTPTN loans and admission to IPTA are among services provided at the Higher Education Ministry booth.
Kampung Tanjung Kala residents affected by flooded bridge every time it rains heavily
Almost 200 residents from 60 homes in Kampung Tanjung Kala have ended up stuck when their 200-metre (m) long concrete bridge flooded.
COP29 climate summit draft proposes rich countries pay $250 billion per year
The draft finance deal criticised by both developed and developing nations.
Bomb squad sent to London's Gatwick Airport after terminal evacuation
This was following the discovery of a suspected prohibited item in luggage.
Kelantan urges caution amidst northeast monsoon rains
Kelantan has reminded the public in the state to refrain from outdoor activities with the arrival of the Northeast Monsoon season.
Former New Zealand PM Jacinda Ardern receives UN leadership award
Former New Zealand prime minister Jacinda Ardern was given a global leadership award by the United Nations Foundation.
ICC'S arrest warrants for Netanyahu, Gallant an apt decision - PM
The decision of the ICC to issue arrest warrants against Benjamin Netanyahu and Yoav Gallant is apt, said Datuk Seri Anwar Ibrahim.
KTMB provides two additional ETS trains for Christmas, school holidays
KTMB will provide two additional ETS trains for the KL Sentral-Padang Besar route and return trips in conjunction with the holidays.
BNM'S international reserves rise to USD118 bil as at Nov 15, 2024
Malaysia's international reserves rose to US$118.0 billion as at Nov 15, 2024, up from US$117.6 billion on Oct 30, 2024.
Findings by dark energy researchers back Einstein's conception of gravity
The findings announced are part of a years-long study of the history of the cosmos focusing upon dark energy.
NRES responds to Rimbawatch press release on COP29
The Ministry of Natural Resources and Environmental Sustainability (NRES) wishes to offer the following clarifications to the issues raised.
Online Safety Bill and Anti-Cyberbullying Laws must carefully balance rights and protections
The Online Safety Advocacy Group (OSAG) stands united with people in Malaysia in the fight against serious online harms.