THE Kuala Lumpur High Court has dismissed an application to strike out a suit by Prime Minister Najib Razak and six others, against private investigator P Balasubramaniam’s widow.

It was reported the judgement was made in chambers by Justice Hue Siew Kheng and Najib was ordered to pay RM2,000 costs alongside six other defendants.

The defendants are Najib’s wife Rosmah Mansor, two of his younger brothers Ahmad Johari Razak and Nazim Razak, lawyers Cecil Abraham, Sunil Abraham and M Arulampalan as well as commissioner of oaths Zainal Abidin Muhayat. 

Businessman Deepak Jaikishian’s filed an application to strike out A Santamil Selvi’s suit separately. 

Najib’s lawyer, Nor Hazira Abu Haiyan was reported as saying case management was set for March 16 and the case was a sustainable one.

“The issues should be decided in a full trial,” she said

Justice Hew was also reported to have ruled today’s decision was not bound by the principle of “res judicata”. 

Res judicata means once a lawsuit has been decided, the ligating parties are prohibited from raising the same issue again. 

“Her previous lawsuit was never heard, and the cause of action from this suit is different from the last one,” Nor Hazira said. 

The first suit was filed in 2015 but the Court of Appeal struck it out. 

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 of their Rawang house.

The plaintiffs noted 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 Najib and Rosmah met Deepak at Sri Satria, the official residence of the deputy prime minister,  which was the post Najib then held,  and 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 and he was then allegedly told by Nazim businessman Deepak’ instructions should be followed.

According to the family, Johari had sought Cecil’s help to draft a second statutory declaration at 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 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 the second statutory declaration was not composed in accordance with Balasubramaniam’s instructions and it was secured through coercion and inducements.

It is understood 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. – January 30, 2018.