Saturday, 14 June 2014

PI Bala's lawyer: Why are we suing the PM and eight others?

1. A Writ of Summons and Statement of Claim has been filed in the Kuala Lumpur High Court on the 11th June 2014 on behalf of A. Santamil Selvi a/p Alau Malay @ Anna Malay (Selvi) and her 3 children, Kishen, Menaga and Reeshi, the Plaintiffs.

2. Selvi is the widow of the late Balasubramaniam a/l Perumal (PI Bala) who passed away on the 15 March 2013. Selvi represents herself, her 3 children and the estate of PI Bala.

3. The cause of action upon which this claim is based is the tort of conspiracy to injure by unlawful means or by unlawful acts.

4. The Plaintiffs are claiming loss and damage occasioned as a result of being forcibly removed from Malaysia against their respective wills on the 4 July 2008, allegedly arranged by threat and/or inducement, and perpetrated, by the Defendants, who are alleged to have conspired with each other in ensuring the Plaintiffs and the late PI Bala were evacuated from this country and made to reside in Chennai, India for almost 5 years.

5. The Defendants named in this Suit are:

I.    Datuk Seri Najib Razak
II.    Datin Seri Rosmah Mansor
III.    Datuk Johari Razak
IV.    Datukj Nazim Razak
V.    Tan Sri Cecil Abraham
VI.    Sunil Abraham
VII.    Zainal Abidin Bin Muhayat
VIII.    Deepak Jaikishan
IX.    Arunampalam A/L Mariampillai

6. The Plaintiffs are claiming damages for the expenses incurred whilst in forced exile in Chennai which include the cost of accommodation, transportation, school fees, loss of salaries of both PI Bala and Selvi and the mental anguish suffered by all Plaintiffs as a result thereof.

7. This claim has only been filed now due to the very recent emergence of new evidence linking the sequence of events which took place on the night of the 3rd July and morning of the 4th July 2008 and which now appears to implicate all the Defendants as having combined to play significant roles in perpetrating this alleged wrong doing against the Plaintiffs and the deceased.

8. We believe we now have more than sufficient evidence to prove the Plaintiffs claims against all the Defendants.

9. The contents of the Statement of Claim filed are self explanatory.

10. The matter has been fixed for Case management on the 23 June 2014 before the Registrar of the High Court, Puan Norfauzani Binti Mohd Nordin and the Judge appointed to hear this matter is Justice Datuk Wira Kamaludin Bin Md. Said of Court NCVC 9.

11. Service of process is being attended to at this point in time.

12. It is worth emphasising that the Defendants are being sued in their personal capacities as individuals and there is therefore no intended link to either the Government of Malaysia or any particular political party.

13. The remedies sought are purely civil in nature and are based on allegations of a conspiracy between all the Defendants using unlawful means or unlawful acts to cause injury or damage to the Plaintiffs and the deceased.

14. It is necessary to release this press statement at this stage as there have been reports appearing in the online media which may not be entirely precise.

Americk Sidhu
(Solicitor for the Plaintiffs)
14th June 2014



FZ

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