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10 APRIL 2024

Saturday, October 3, 2015

Trial to reveal those involved in SD by key witness of Altantuya case

Private investigator, the late P. Balasubramaniam (centre), pictured here with his lawyer Americk Sidhu, fled Malaysia soon after retracting an explosive statutory declaration accusing Datuk Seri Najib Razak of involvement with murdered Mongolian citizen Altantuya Shaariibuu. – The Malaysian Insider file pic, October 3, 2015.© Provided by The Malaysian Insider Private investigator, the late P. Balasubramaniam (centre), pictured here with his lawyer Americk Sidhu, fled Malaysia soon after retracting an explosive statutory declaration accusing Datuk Seri Najib Razak of involvement with…Personalities involved in the contentious statutory declaration (SD) by the late private investigator P. Balasubramaniam on the murder of Mongolian woman Altantuya Shaariibuu will be revealed soon with the reinstatement of a RM2 million suit against carpet dealer Deepak Jaikishan, said lawyer Americk Sidhu.
Americk, who is appearing for Bala's widow A. Santamil Selvi, told The Malaysian Insider that the trial, scheduled for early next year, will also reveal the events which led to the forced exile of her family.
Bala, a key witness in the Altantuya murder trial, died of a heart complication in 2013, soon after the family returned from India.
Yesterday, Deepak, who represented himself, told a three-man Court of Appeal bench that he agreed to the claims by Santamil and her three children and conceded to her appeal.
"I did the right thing (in court)," he told reporters later but declined to elaborate.
Americk said there would be no appeal in the Federal Court as Deepak did not contest Santamil's appeal to restore her suit for conspiracy.
"We will know the sequence of events that took place on the night of July 3 and morning of July 4, 2008, which implicated several people who had significant roles in driving Balasubramaniam and his family away," Americk told The Malaysian Insider.
In Bala's first SD on July 3, 2008, he had implicated then deputy prime minister Datuk Seri Najib Razak in Altantuya's murder.
The next day, he retracted the first SD with a second sworn statement, before he and family left Malaysia.
Deepak was said to have made travel arrangements for the family to leave the country via Singapore.
Americk said Santamil would give evidence under oath as she was now privy to what had happened. Deepak is also expected to give his version of the story.
Santamil and her children, Kishen, Menaga and Reeshi, filed the suit on June 14 last year, claiming loss and damages as a result of being forcibly removed from Malaysia against their will.
They are claiming damages for expenses incurred while in Chennai, India including the costs of accommodation, transportation, school fees and loss of salaries of both Bala and Santamil.
They are also claiming relief for the mental anguish suffered.
Najib, his wife Datin Seri Rosmah Mansor, the prime minister’s brothers Datuk Johari and Datuk Nazim, senior lawyer Tan Sri Cecil Abraham, his son Sunil Abraham, commissioner of oath Zainal Abidin Muhayat and lawyer M. Arulampalam were named as defendants.
However, in December, High Court judge Datuk Hasnah Mohamed Hashim allowed an application by all the defendants to strike out the widow’s suit on grounds that Santamil lacked the capacity to file for action on behalf of her husband’s estate.
The Court of Appeal in April upheld the striking out by the High Court on grounds that Santamil’s notice of appeal was defective.
However, Deepak was not a respondent in Santamil’s appeal in the Court of Appeal.
On May 6, Deepak sacked his lawyer Gabriel Daniel and the firm M/s Paul Ong and Associates from appearing for him in the suit.
Deepak had said that he would file a motion to adduce further evidence that he was not a voluntary party to strike out Santamil’s suit in the High Court.

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