s3.eu-west-2.amazonaws.com · Web viewDATO’ SRI MOHD NAJIB BIN TUN ABDUL RAZAK DATIN PADUKA SERI...
Click here to load reader
Transcript of s3.eu-west-2.amazonaws.com · Web viewDATO’ SRI MOHD NAJIB BIN TUN ABDUL RAZAK DATIN PADUKA SERI...
IN THE HIGH COURT OF MALAYA AT KUALA LUMPUR(CIVIL DIVISION)
CIVIL SUIT NO. WA- 22NCVC -341 -07 / 2017
BETWEEN
1. A. SANTAMIL SELVI A/P ALAU MALAY @ ANNA MALAY[Administratrix Representative of the Estate of Balasubramaniam A/L Perumal (deceased)]
2. A. SANTAMIL SELVI A/P ALAU MALAY @ ANNA MALAY [Widow of Balasubramaniam A/L Perumal (deceased)]
3. KISHEN A/L BALASUBRAMANIAM
4. MENAGA A/P BALASUBRAMANIAM
5. REESHI A/L BALASUBRAMANIAM[an infant suing by his mother and next friend, A.Sentamil Selvi A/P Alau Malay @ Anna Malay]
….PLAINTIFFS
AND
1. DATO’ SRI MOHD NAJIB BIN TUN ABDUL RAZAK
2. DATIN PADUKA SERI ROSMAH MANSOR
3. DATO’ AHMAD JOHARI BIN TUN ABDUL RAZAK
4. DATO’ MOHD NAZIM BIN TUN ABDUL RAZAK
5. TAN SRI CECIL WILBERT MOHANARAJ ABRAHAM
6. SUNIL ABRAHAM
7. ZAINAL ABIDIN BIN MUHAYAT
8. DEEPAK JAIKISHAN A/L JAIKISHAN REWACHAND
9. ARULAMPALAM A/L S. MARIAMPILLAI ...DEFENDANTS
8 TH DEFENDANT’S STATEMENT OF DEFENCE
1
The 8th Defendant has no knowledge with regards to the contents of
Paragraph 1 of the Plaintiffs’ Statement of Claim dated 13.7.2017. The
8th Defendant further states that the 8th Defendant only knew the
deceased, Balasubramanian a/l Perumal only due to this SD matter.
The 8th Defendant has no knowledge as to the contents of Paragraph 2 of
the Statement of Claim.
The 8th Defendant has no knowledge as to the contents of Paragraph 3 of
the Plaintiffs’ Statement of Claim. Further, the 8 th Defendant has no
knowledge as to the personal capacity of the 3rd, 4th and 5th Plaintiffs.
The 8th Defendant admits to the contents of Paragraph 4, of the
Statement of Claim.
The 8th Defendant admits to the contents of Paragraph 5 of the Statement
of Claim. The 8th Defendant thereon, states that the 2nd Defendan is also
a business partner.
2
The 8th Defendant admits to the contents of Paragraph 6 of the Statement
of Claim.
The 8th Defendant admits to the contents of Paragraph 7 of the Statement
of Claim. The 8th Defendant theron states the the 4 th Defendant is also a
business partner.
The 8th Defendant admits to the contents of paragraphs 8- 12 of the
Statement of Claim.
The 8th Defendant has no in depth knowledge to the contents of
Paragraph 13 of the Statement of Claim. The 8 th Defendant only knows in
so far as the information reported in the general media, as well as
information stated by the deceased himself.
The 8th Defendant has no knowledge as to the contents of Paragraph 14
of the Statement of Claim. The 8th Defendant only knows in so far as the
information reported in the general media, as well as information stated
by the deceased himself.
3
The 8th Defendant admits the contents of Paragarph 15 of the Statement
of Claim. The 8th Defendant will adduce relevant evidence during the
course of the full trial.
The 8th Defendant has limited knowledge to the contents of Paragraph 16
in so far as the conspiracy planned by the First Defendant and the
Second Defendant. Further, the 8th Defendant states that the 8th
Defendan , 4th Defendant and the 6th Defendant were ordered to ensure
the completion of this conspiracy as per the specific orders of DATO’
SRI MOHD NAJIB BIN TUN ABDUL RAZAK (‘ First Defendant’) and
DATIN PADUKA SERI ROSMAH MANSOR (‘ 2nd Defendant’). With
reference to paragraphs of Particulars of Injury And Loss Suffered By the
Plaintiffs in the Statement of Claim which consists of paragraphs 16 (i) ,
16 (ii) (a), 16 (ii)(b), 16(ii)(c), 16(iii) (a), 16 (iii)(b) , 16 (iii)(c), 16 (iv) , 16
(v) , 16 (vi) dan 16(vii) ; the 8th Defendant states as follows:-
a. The 8th Defendant refers to paragraph 16 (i) at page 5 of the
Statement of Claim and states that the sum of RM 840,000.00 is
verily disputed. The Plaintiffs are placed under a strict burden of
proof. The sum claimed by the Plaintiffs must firstly be proved at
Court with the relevant evidence. The 8th Defendant verily states
that the claims of the Plaintiffs against the 8th Defendant are
wrong , based on wrong facts, brings injustices and prejudices
on the 8th Defendant; wherefore the 8th Defendant has a valid
defence considering that these allegations should be made
4
against the First and 2nd Defendants only for being the
masterminds and beneficiaries of this conspiracy.
b. The 8th Defendant refers to paragraph 16 (ii) (a) at page 5 of the
Statement of Claim and states that the sum of RM 162,000.00 is
verily disputed. The Plaintiffs are placed under a strict burden of
proof. The sum claimed by the Plaintiffs must firstly be proved at
Court with the relevant evidence. The 8th Defendant verily states
that the claims of the Plaintiffs against the 8th Defendant are
wrong , based on wrong facts, brings injustices and prejudices
on the 8th Defendant; wherefore the 8th Defendant has a valid
defence considering that these allegations should be made
against the First and 2nd Defendants only for being the
masterminds and beneficiaries of this conspiracy.
c. The 8th Defendant refers to paragraph 16 (ii) (b) at page 5 of the
Statement of Claim and states that the sum of RM 90,000.00 is
verily disputed. The Plaintiffs are placed under a strict burden of
proof. The sum claimed by the Plaintiffs must firstly be proved at
Court with the relevant evidence. The 8th Defendant verily states
that the claims of the Plaintiffs against the 8th Defendant are
wrong , based on wrong facts, brings injustices and prejudices
on the 8th Defendant; wherefore the 8th Defendant has a valid
defence considering that these allegations should be made
5
against the First and 2nd Defendants only for being the
masterminds and beneficiaries of this conspiracy.
d. The 8th Defendant refers to paragraph 16 (ii) (c) at page 5 of the
Statement of Claim and states that the sum of RM 42,000.00 is
verily disputed. The Plaintiffs are placed under a strict burden of
proof. The sum claimed by the Plaintiffs must firstly be proved at
Court with the relevant evidence. The 8th Defendant verily states
that the claims of the Plaintiffs against the 8th Defendant are
wrong , based on wrong facts, brings injustices and prejudices
on the 8th Defendant; wherefore the 8th Defendant has a valid
defence considering that these allegations should be made
against the First and 2nd Defendants only for being the
masterminds and beneficiaries of this conspiracy.
e. The 8th Defendant refers to paragraph 16 (iii) at page 5 of the
Statement of Claim and verily disputes the contents. The
Plaintiffs are placed under a strict burden of proof. The sum
claimed by the Plaintiffs must firstly be proved at Court with the
relevant evidence. The 8th Defendant verily states that the
claims of the Plaintiffs against the 8th Defendant are wrong ,
based on wrong facts, brings injustices and prejudices on the
8th Defendant; wherefore the 8th Defendant has a valid defence
6
considering that these allegations should be made against the
First and 2nd Defendants only for being the masterminds and
beneficiaries of this conspiracy.
f. The 8th Defendant refers to paragraph 16 (iii) (a) at page 6 of the
Statement of Claim and states that the sum of RM 60,000.00 is
verily disputed. The Plaintiffs are placed under a strict burden of
proof. The sum claimed by the Plaintiffs must firstly be proved at
Court with the relevant evidence. The 8th Defendant verily states
that the claims of the Plaintiffs against the 8th Defendant are
wrong , based on wrong facts, brings injustices and prejudices
on the 8th Defendant; wherefore the 8th Defendant has a valid
defence considering that these allegations should be made
against the First and 2nd Defendants only for being the
masterminds and beneficiaries of this conspiracy.
g. The 8th Defendant refers to paragraph 16 (iii) (b) at page 6 of the
Statement of Claim and states that the sum of RM 115,000.00 is
verily disputed. The Plaintiffs are placed under a strict burden of
proof. The sum claimed by the Plaintiffs must firstly be proved at
Court with the relevant evidence. The 8th Defendant verily states
that the claims of the Plaintiffs against the 8th Defendant are
7
wrong , based on wrong facts, brings injustices and prejudices
on the 8th Defendant; wherefore the 8th Defendant has a valid
defence considering that these allegations should be made
against the First and 2nd Defendants only for being the
masterminds and beneficiaries of this conspiracy.
h. The 8th Defendant refers to paragraph 16 (iii) (c) at page 6 of the
Statement of Claim and states that the sum of RM 140,000.00 is
verily disputed. The Plaintiffs are placed under a strict burden of
proof. The sum claimed by the Plaintiffs must firstly be proved at
Court with the relevant evidence. The 8th Defendant verily states
that the claims of the Plaintiffs against the 8th Defendant are
wrong , based on wrong facts, brings injustices and prejudices
on the 8th Defendant; wherefore the 8th Defendant has a valid
defence considering that these allegations should be made
against the First and 2nd Defendants only for being the
masterminds and beneficiaries of this conspiracy.
i. The 8th Defendant refers to paragraph 16 (iv) at page 6 of the
Statement of Claim and states that the loss of earnings as a
kindergarden teacher calculated at RM 3000.00 from 4.7.2008
8
till to date is verily disputed. The Plaintiffs are placed under a
strict burden of proof. The sum claimed by the Plaintiffs must
firstly be proved at Court with the relevant evidence. The 8 th
Defendant verily states that the claims of the Plaintiffs against
the 8th Defendant are wrong , based on wrong facts, brings
injustices and prejudices on the 8th Defendant; wherefore the 8th
Defendant has a valid defence considering that these
allegations should be made against the First and 2nd Defendants
only for being the masterminds and beneficiaries of this
conspiracy.
j. The 8th Defendant refers to paragraph 16(v) at page 6 of the
Statement of Claim and states that the maintainence and
servicing of the loans from July 2008 to March 2013 calculated
at RM 2500.00 per month are verily disputed. The Plaintiffs are
placed under a strict burden of proof. The sum claimed by the
Plaintiffs must firstly be proved at Court with the relevant
evidence. The 8th Defendant verily states that the claims of the
Plaintiffs against the 8th Defendant are wrong , based on wrong
facts, brings injustices and prejudices on the 8th Defendant;
wherefore the 8th Defendant has a valid defence considering that
these allegations should be made against the First and 2nd
9
Defendants only for being the masterminds and beneficiaries of
this conspiracy.
k. The 8th Defendant refers to paragraph 16 (vi) at page 7 of the
Statement of Claim and states that the sum of RM 100,000.00 is
verily disputed. The Plaintiffs are placed under a strict burden of
proof. The sum claimed by the Plaintiffs must firstly be proved at
Court with the relevant evidence. The 8th Defendant verily states
that the claims of the Plaintiffs against the 8th Defendant are
wrong , based on wrong facts, brings injustices and prejudices
on the 8th Defendant; wherefore the 8th Defendant has a valid
defence considering that these allegations should be made
against the First and 2nd Defendants only for being the
masterminds and beneficiaries of this conspiracy.
l. The 8th Defendant refers to paragraph 16 (vii) at page 7 of the
Statement of Claim, and verily states that the general
damagesfor trauma and suffering as alledged by the Plaintiffs
must firstly be proved at Court with all the relevant evidence.
The Plaintiffs are placed under a strict burden of proof. The sum
claimed by the Plaintiffs must firstly be proved at Court with the
relevant evidence. The 8th Defendant verily states that the
claims of the Plaintiffs against the 8th Defendant are wrong ,
10
based on wrong facts, brings injustices and prejudices on the
8th Defendant; wherefore the 8th Defendant has a valid defence
considering that these allegations should be made against the
First and 2nd Defendants only for being the masterminds and
beneficiaries of this conspiracy.
In reference to the paragraph for Particulars of the Plaintiffs Case Against
the Defendants at pages 7-11 of the Statement of Claim under paragrahs
(i) , (ii), (iii), (iv), (v), (vi),(vii),(viii), (ix), (x), (xi), (xii), (xiii), (xiv), (xv), (xvi),
(xvii), (xviii), (xix) (xx), (xxi), (xxii), (xxiii); The 8 th Defendant states as
follows:-
a. The 8th Defendant refers to paragraph (i) at page 7 of the
Statement of Claim and admits to it’s contents.
b. The 8th Defendant refers to paragraph (ii) at page 7 of the
Statement of Claim and admits to it’s contents.
c. The 8th Defendant referts to the contents of paragraph (iii) at
page 8 of the Statement of Claim and verily denies to it’s
contents. The Plantiffs are put to strict proof. The 8 th Defendant
thereon denies the alledged role of an ‘agent’. In so far as the 8 th
Defendant’s knowledge the ‘agent’ is DATO’ MOHD NAZIM
11
BIN TUN ABDUL RAZAK (‘4th Defendant’) and DATO’ AHMAD
JOHARI BIN TUN ABDUL RAZAK (‘3rd Defendant’). The 4th and
3th Defendants are agents of the First and 2nd Defendants. The
8th Defendant thereon states that the 8th Defendant was only
ordered to arrange a meeting between the deceased, and the
younger brother of the First Defendant. The First Defendant had
also given confidential orders to the 4th Defendant to expressly
follow the orders of the First Defendant; being which, to change
‘SD 1’ if he did not want his life and his family’s lives to be in
danger.
d. The 8th Defendant refers to paragraph (iv) at page 8 of the
Statement of Claim and verily denies it’s contents. The Plaintiffs
are placed under a strict burden of proof. The 8th Defendant
thereon states that the 8th Defendant had met and sent the
deceased to the CURVE in order to meet DATO’ MOHD NAZIM
BIN TUN ABDUL RAZAK (‘4th Defendant’).
e. The 8th Defendant refers to paragraph (v) of the Statement of
Claim and verily denies it’s contents. The Plaintiffs are placed
under a strict burden of proof. The 8th Defendant thereon states
that the 8th Defendant had brought the deceased to meet DATO’
MOHD NAZIM BIN TUN ABDUL RAZAK (‘4th Defendant’) in
which, the 4th Defendant had threatened the deceased.
12
f. The 8th Defendant refers to paragraph (vi) at page 8 of the
Statement of Claim and admits in so far as, the 8 th Defendant
had introduced the deceased to the 4 th Defendant, pursuant to
the order of the First Defendant and the 2nd Defendant who is
the elder brother to the 4th Defendant. The 4th Defendant had
threatened the deceased and ordered that the 4 th Defendant’s
elder brother’s (First Defendant) commands be carried out
should the deceased ‘s family be free from future threats by the
First Defendant.
g. The 8th Defendant refers to paragraph (vii) at page 8 of the
Statement of Claim and verily denies it’s contents. The 8 th
Defendant did not book any rooms or was present in the room of
the hotel. The 8th Defendant was in the Hilton Hotel until
approximately 3 a.m. and then, had proceeded to return home.
h. The 8th Defendant referts to paragraph (viii) at page 8 of the
Statement of Claim and admits to it’s contents. The 8th
Defendant thereon states that the First Defendant had made a
call to the 3rd Defendant in front of the 8th Defendant; detailing in
the call to make the Statutory Declaration, and this transpired
when the 8th Defendant was in the First Defendant’s official
13
residence of the then Deputy Prime Minister of Malaysia in
Putrajaya, Sri Satria.
i. The 8th Defendant refers to paragraphs (ix) and (x) at page 9 of
the Statement of Claim and verily denies it’s contents. The
Plaintiffs are put to strict proof. The 8th Defendant states that
SUNIL ABRAHAM (‘6th Defendant’) had given a copy of ‘SD 2’
to the 8th Defendant and had met with the deceased in the room
to pass the Statutory Declaration, and after that study it also;
soon after ZAINAL ABIDIN BIN MUHAYAT (‘7th Defendant ’)
under the orders and control of the 5th Defendant as well as the
6th Defendant, whom the 8th Defendant had never met before,
had met with the 6th Defendant in the room of the deceased with
the reason to complete the signing of the SD.
j. The 8th Defendant refers to paragraph (xi) at page 9 of the
Statement of Claim and admits to its contents.
k. The 8th Defendant refers to paragraph (xii) of the Statement of
Claim and states that the 5th Defendant and the 6th Defendant
were afraid to follow the deceased to the press conference , and
the 9th Defendant was asked to assist at the last minute. The 5th
14
and 6th Defendats have till now never denied and/or refuted the
facts circulted by the media in Malaysia at that time.
l. The 8th Defendant refers to paragraph (xiii) at page 9 of the
Statement of Claim and verily denies its contents. The Plaintiffs
are placed under strict proof. The 8 th Defendant theron states
that it was clear from the press conference that the deceased
had interacted with the media. All relevant evidence will be
presented before this Honourble Court at the trial stage.
m. The 8th Defendant refers to paragraph (xiv) at page 9 and 10 of
the Statement of Claim and states that the 8th Defendant was
not present at the Hotel during the press conference.
n. The 8th Defendant referts to paragraph (xv) at page 10 of the
Statement of Claim and states that the 8th Defendant was not
present at the place nor did the 8th Defendant have a secretary.
o. The 8th Defendant refers to paragraph (xvi) at page 10 of the
Statement of Claim, and states that the van which was rented by
the friend of the deceased and the transportation were provided
15
by DATO’ MOHD NAZIM BIN TUN ABDUL RAZAK ( 4th
Defendan).
p. The 8th Defendant refers to paragaraph (xvii) at page 10 of the
Statement of Claim and states that the 8 th Defendant was called
by the BAR Council to testify. However, the 8th Defendant was
forced to remain silent due to threats by the representative of
the First and Second Defendants.
q. The 8th Defendant refers to paragraph (xviii) at page 10 of the
Statement of Claim dan states that the 8th Defendant will
disclose all relevant evidence during the trial stage.
r. The 8th Defendant refers to paragraph (xix) at page 11 of the
Statement of Claim , and admits that it was on the orders of the
First and 2nd Defendants and completed by the 3rd Defendant ,
5th Defendant and the 6th Defendant.
s. The 8th Defendant refers to paragraphs (xx) and (xxi) at page 11
of the Statement of Claim and admits to the contents, in so far
as the orders of the First Defendant and 2nd Defendant together
with the siblings of the First Defendant also forced this matter to
16
be carried out to fulfil the orders of the First and 2nd Defendants.
The 8th Defendant will adduce the necessary evidence during
the course of the full trial.
t. The 8th Defendant refers to paragraph (xxii) at page 11 of the
Statement of Claim and states that based on the 8 th Defendant’s
opinion, the deceased had read, but possibly not understood the
contents because his solicitor was not present to explain the
contents.
u. The 8th Defendant refers to paragraph (xxiii) at page 11 of the
Statement of Claim and states that it’s contents are not true. The
8th Defendant thereon states that after the incident many
mishaps had occurred perhaps due to the curses of a murdered
woman called Altantuya who was also pregnant at the material
time.
The 8th Defendant refers to paragraph 17 of the Statement of Claim and
states that the isu must first be determined at Court. The 8 th Defendant
will adduce the necessary evidence during the course of the full trial.
17
The 8th Defendant refers to paragraph 18 of the Statement of Claim and
states that all the previous solicitors appointed by the 8 th Defendant to
represent him was appointed by the First and Second Defendants and
the solicitors were paid by the First Defendant and the representative of
the First Defendant. The 8th Defendant thereon states that the 8th
Defendant was forced to succumb to the demands as well as threats,
even though the 8th Defendant had attempted to cancel the appointed
solicitors who were paid for and forced to be accepted.
The 8th Defendant humbly prays to this Honourable Court to give
immunity for the 8th Defendant as requested to the previous Attorney
General, Tan Sri Gani Patail back in 13.2.2013; in order for the 8 th
Defendant to freely provide detailed explanations to the Court which are
free from any threats or danger which may occur to the 8th Defendant.
Wherefore unless specifically stated herein, the 8th Defendant verily
denies the Plaintiffs statements in the Statement of Claim dated
13.7.2017 in its entirety, as if it was individually denied each and every
one of it traverse seriatim.
18
Based on the reasons given herein above, the 8th Defendant prays for
this entire legal action and the Plaintiffs’ claims to be dismissed with
costs.
Dated this 25th Day of October 2017
...…………………………………. DEEPAK JAIKISHAN
A/L JAIKISHAN REWACHAND NRIC No: 720311-04-5165
Self representing
This 8th Defendant’s Statement of Defence is filed by DEEPAK JAIKISHAN A/L JAIKISHAN REWACHAND with the address of service at NO.6 SIMPANG TUNKU PUTRA TAMAN DUTA, 50480 KUALA LUMPUR.
19