Najib, Rosmah and six others were struck out of the suit by the Court of Appeal last year.
An explosive statutory declaration (SD) that fingered Najib Abdul Razak as allegedly giving the order for the murder of Altantuya Shaariibuu, will have a “severe impact” in a bid to include former prime minister Najib Razak and seven others as third parties in the PI Bala civil suit linked to the Mongolian national’s death.
This was revealed by lawyer Vinod Kamalanathan, who is acting for Deepak Jaikishan in the carpet businessperson’s third-party bid against Najib, his wife Rosmah Mansor and six others.
“If it (SD) does involve PI Bala and the rest of the party (Najib and seven others), it would have a severe impact on the case,” Vinod told Malaysiakini this afternoon.
Vinod was referring to Malaysiakini’s exclusive report today over the SD by former Special Action Unit (UTK) officer Azilah Hadri, which alleged that the then deputy prime minister gave Azilah the order to murder Altantuya.
Azilah and fellow ex-UTK officer Sirul Azhar Umar were convicted and sentenced to death by the Federal Court over Altantuya’s 2006 murder.
On Oct 29 last year, the Kuala Lumpur High Court directed Deepak’s lawyers to serve third-party claims against Najib, Rosmah, Najib’s siblings Ahmad Johari and Nazim, lawyers Cecil Abraham, Sunil Abraham and M Arulampalam, and commissioner of oaths Zainal Abidin Muhayat.
Initially, Najib, Rosmah, Johari, Nazim, Cecil, Sunil, Arulampalam, Zainal and Deepak were named as defendants in the civil action over the 2008 exile to India purportedly suffered by the late private investigator P Balasubramaniam, popularly known as PI Bala, and his family, linked to the 2006 murder.
However, on July 25 last year, the Court of Appeal allowed applications by Najib and several others to remove him, Rosmah, Johari, Nazim, Cecil, Sunil, Arulampalam and Zainal from the legal action.
The Court of Appeal outcome left Deepak as the sole defendant in the said suit, which was initially filed in August 2017.
Following this, Deepak applied for the High Court to issue third-party notices against Najib and his affiliates so that they would share the damages and liabilities in case the court ruled in favour of Balasubramaniam’s widow.
During case management of the suit on Jan 8 this year, counsel for Najib, Rosmah, Johari, Nazim, Cecil, Sunil, Arulampalam and Zainal objected to them being added as third parties in the suit filed by Balasubramaniam’s widow, A Santamil Selvi, and the couple’s three children.
Vinod today said he would be meeting his client Deepak to discuss the potential impact and ramification of the SD, which could have “severe impact” on his client’s third-party application against Najib and the other seven individuals.
“We are going to pursue the matter, I will meet the client (Deepak) and discuss the issue,” he told Malaysiakini.
“The other parties (Najib and the seven others) were struck out (of the suit by the Court of Appeal last year). We have put in the application to bring them in (as third parties into the suit) that is still pending in the court.
“This recent SD (by Azilah) will have a bearing, but I have to discuss with the client (Deepak) over this new piece of information,” Vinod added.
“Azilah is seeking for the Federal Court to order retrial (over the murder case). Just a mere statement alone will not have an impact, though. We need to see what he (Azilah) will introduce (as evidence in the application for the Federal Court to review the verdict in the Altantuya murder case).”
Vinod believes that he (Azilah) was asking for a retrial (of the Altantuya murder case) as there was (alleged) substantial evidence (purportedly) suppressed in the initial (Altantuya murder) trial.
“We do not know what that is, so we need to see what evidence he (Azilah) intend to introduce,” Vinod said.
It was reported that Balasubramaniam and his family returned from India in February 2013. However, the private investigator died a month after returning to Malaysia due to a heart attack. – Malaysiakini