THE Kuala Lumpur High Court today dismissed businessman J.R. Deepak Jaikishan’s application to reinstate former prime minister Najib Razak and seven others as the third party in a suit filed by the family of late private investigator P. Balasubramaniam.

Lawyer David Mathews, representing Najib and his wife Rosmah Mansor, told reporters that judicial commissioner Quay Chew Soon made the decision after hearing the application in chambers.

Besides Najib and Rosmah, the six others are Najib’s siblings –Ahmad Johari and Mohd Nazim, counsel Cecil Abraham, Sunil Abraham, Arulampalam Mariampillai and commissioner of oath Zainal Abidin Muhayat.

Mathews said the court made the ruling on grounds that Deepak had failed to establish a prima facie case and his application lack particulars.

“The judge also ruled that Deepak had made inconsistent statements in his previous affidavits that contradicted his assertion in the present application.

“The court awarded total cost of RM15,000 to the couple, and RM15,000 for Cecil and Sunil. Ahmad Johari, Nazim, Arulampalam and Zainal, each was awarded RM10,000,” said Mathews.

Lawyers RK Nathan and K. Vinod represented Deepak.

Najib, Rosmah, Ahmad Johari, Nazim, Cecil, Sunil, Arulampalam and Zainal Abidin, as well as Deepak, had been named defendants in the suit filed by Balasubramaniam’s widow, A. Santamil Selvi and their three children – B. Kishen, B. Menaga and B. Reeshi.

All except Deepak had filed to strike out the suit.

On January 30, 2018, the Kuala Lumpur High Court rejected the applications by the eight defendants to strike out the second suit filed by Santamil Selvi.

But they succeeded in their appeal at the Court of Appeal to set aside the high court ruling.

Deepak later filed the application at the high court to include the eight as parties in the suit.        

Santamil Selvi and her three children had on July 23, 2017 filed the second suit on behalf of Balasubramaniam against the nine individuals, including Deepak.

Balasubramaniam, also known as P.I Bala, was the key witness in the murder trial involving Mongolian model Altantuya Shaariibuu in 2006.

He died of a heart attack on March 15, 2013, a few weeks after returning from India.

In the statement of claim, Santamil Selvi and her children claimed that they had to move to India in exile due to the second statutory declaration made by Balasubramaniam over the murder of Shaariibuu and said they stayed in India for 56 months from July 4, 2008.

Santamil Selvi and her children are seeking RM840,000 in damages, including the rental of an apartment in Chennai, school fees and the loss of income as a kindergarten teacher, housing loan, transportation cost, general and special damages and costs. – Bernama, August 6, 2020.