The family of the late private investigator P Balasubramaniam has filed a RM1.9 million suit against Prime Minister Najib Abdul Razak, his wife Rosmah Mansor and seven others for injury and loss of income when they were in exile between 2008 and 2013.
This is the second time Balasubramaniam’s family is trying to sue Najib and Rosmah. The first suit was never heard and they have exhausted the appeals process.
The first suit involved a claim for RM1.9 million in damages for conspiracy. Now, the family is claiming injury and general damages for mental anguish and trauma that the family had to endure.
The new suit listed the seven other defendants as Najib’s brothers Ahmad Johari and Nazim, lawyers Cecil Abraham and his son Sunil, businessperson Deepak Jaikishian, commissioner for oaths Zainal Abidin Muhayat and lawyer M Arulampalam.
According to the family’s statement of claim, Balasubramaniam publicly unveiled his statutory declaration on July 3, 2008, which contained damning allegations against Najib and his links with slain Mongolian national Altantuya Shaariibuu.
Following this, the family claimed that Rosmah had summoned Deepak to Sri Satria, the official residence of the deputy prime minister (the post Najib then held), for talks on the statutory declaration.
The family alleged that Najib and Rosmah met Deepak at Sri Satria and that the latter was instructed to convince Balasubramaniam to retract his statutory declaration.
Unaware of second SD contents
This was then allegedly conveyed to Balasubramaniam at a restaurant in Rawang. Balasubramaniam was allegedly threatened and promised money if the retraction was made.
Balasubramaniam allegedly met Nazim later and that the latter told him that Deepak’s instructions ought to be followed.
According to the family, Ahmad Johari had sought Cecil’s help to draft a second statutory declaration at the Hilton Hotel in Kuala Lumpur.
The second statutory declaration was allegedly delivered by Sunil to Deepak at the Hilton Hotel Kuala Lumpur lobby and Deepak took the document to a room where Balasubramaniam was being held.
According to the family, Balasubramaniam was not allowed to read the second statutory declaration while Zainal Muhayat affirmed his signature on the document.
A press conference was held the next day, July 4, 2008, to present the second statutory declaration to the press. Balasubramaniam was present and represented by Arulampalam.
The family claimed that immediately after the press conference, Balasubramaniam was taken back to the Hilton Hotel, where he met his wife and family. Later that day, all of them boarded a van to Singapore.
Defendants seeking stay order
It was reported that Balasubramaniam was in exile in India from July 2008 and returned to Malaysia in March 2013.
The family is seeking special and exemplary damages which include the loss of incomes of Balasubramaniam and his wife A Santamil Selvi, the rental on the apartments, schooling for their children and not being able to pay the loan for their Rawang house.
They claimed that the second statutory declaration was not composed in accordance with Balasubramaniam’s instructions and it was secured through coercion and inducements.
They also claimed that their exile had resulted in pecuniary and non-pecuniary benefits for all the defendants.
The plaintiffs noted that their first suit on the tort of conspiracy had been struck out by the High Court, the Court of Appeal and Federal Court, hence they were, therefore, filing this suit under a different tort.
It is understood that a case management on the matter was held yesterday, at which all the defendants sought to strike out the suit and asked that their defence statement be stayed until the striking-out application is heard.
It is learnt that the matter was fixed before Justice Hue Siew Kheng at the High Court in Kuala Lumpur.