THE family of the late private investigator P. Balasubramaniam has filed a RM1.9 millon suit against Prime Minister Najib Razak, his wife Rismah Mansor and seven others for injury and loss of income when they were in exile in India between 2008 and 2013, reported Malaysiakini yesterday. 

This is their second suit against Najib and his wife, after their first suit was never heard and they have exhausted the appeals process.

The family are claiming injury and general damages for trauma and mental anguish they have suffered. 

The family is seeking special and exemplary damages, which include the loss of incomes of Balasubramaniam and his wife A. Santamil Selvi, the rental of apartments, schooling for their children and not being able to pay the loan for their Rawang house.

Najib’s brothers Ahmad Johari and Nazim, lawyers Cecil Abraham and his son Sunil, businessman Deepak Jaikishian, commissioner for oaths Zainal Abidin Muhayat and lawyer M. Arulampalam are the seven other defendants in the new suit. 

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, therefore they are filing this suit under a different tort.

According to the family’s statement of claim, Balasubramaniam publicly revealed his statutory declaration on July 3, 2008, which alleged Najib had links with murdered Mongolian national Altantuya Shaariibuu.

The family alleged that Najib and Rosmah met Deepak at Sri Satria, the official residence of the deputy prime minister,  which is the post Najib then held,   and that the latter was told to convince Balasubramaniam to retract his statutory declaration.

Balasubramiam was then allegedly threatened to retract the statutory declaration and promised money if it was done so and he was then allegedly told by Nazim that Deepak’s instructions ought to be followed.

According to the family, Johari had sought Cecil’s help to draft a second statutory declaration at the Hilton Hotel in Kuala Lumpur which was allegedly delivered to Deepak by Sunil at the hotel lobby and Deepak took the document to a room where Balasubramaniam was being held.

The family also claimed Balasubramaniam was not allowed to read the second statutory declaration while Zainal Muhayat affirmed his signature on the document.

Balasubramaniam attended a press conference held the next day, July 4, 2008, to present the second statutory declaration to the press and was represented by Arulampalam.

The family claimed that Balasubramaniam was taken back to the Hilton Hotel immediately after the press conference, where he met his wife and family. Later that day, all of them boarded a van to Singapore.

They also claimed that the second statutory declaration was not composed in accordance with Balasubramaniam’s instructions and it was secured through coercion and inducements.

It is understood that a case management on the matter was held yesterday before Justice Hue Siew Kheng at the High Court in Kuala Lumpur, 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. – August 12, 2017.