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IN THE HIGH COURT OF MALAYA AT KUALA LUMPUR(CIVIL DIVISION)CIVIL SUIT NO. WA- 22NCVC -341 -07 / 2017BETWEENA. SANTAMIL SELVI A/P ALAU MALAY @ ANNA MALAY[Administratrix Representative of the Estate of Balasubramaniam A/L Perumal (deceased)]A. SANTAMIL SELVI A/P ALAU MALAY @ ANNA MALAY [Widow of Balasubramaniam A/L Perumal (deceased)]KISHEN A/L BALASUBRAMANIAMMENAGA A/P BALASUBRAMANIAMREESHI A/L BALASUBRAMANIAM[an infant suing by his mother and next friend, A.Sentamil Selvi A/P Alau Malay @ Anna Malay] ….PLAINTIFFSANDDATO’ SRI MOHD NAJIB BIN TUN ABDUL RAZAKDATIN PADUKA SERI ROSMAH MANSORDATO’ AHMAD JOHARI BIN TUN ABDUL RAZAKDATO’ MOHD NAZIM BIN TUN ABDUL RAZAKTAN SRI CECIL WILBERT MOHANARAJ ABRAHAMSUNIL ABRAHAMZAINAL ABIDIN BIN MUHAYATDEEPAK JAIKISHAN A/L JAIKISHAN REWACHANDARULAMPALAM A/L S. MARIAMPILLAI ...DEFENDANTS 8TH DEFENDANT’S STATEMENT OF DEFENCEThe 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 8th 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. 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 4th 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 8th 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. 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:- 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 against the First and 2nd Defendants only for being the masterminds and beneficiaries of this conspiracy. 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. 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 against the First and 2nd Defendants only for being the masterminds and beneficiaries of this conspiracy. 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. 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 considering that these allegations should be made against the First and 2nd Defendants only for being the masterminds and beneficiaries of this conspiracy. 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. 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 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. 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. 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 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 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. 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 Defendants only for being the masterminds and beneficiaries of this conspiracy. 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. 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 , 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 8th Defendant states as follows:-The 8th Defendant refers to paragraph (i) at page 7 of the Statement of Claim and admits to it’s contents. The 8th Defendant refers to paragraph (ii) at page 7 of the Statement of Claim and admits to it’s contents.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 8th Defendant thereon denies the alledged role of an ‘agent’. In so far as the 8th Defendant’s knowledge the ‘agent’ is DATO’ MOHD NAZIM 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. 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’).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. The 8th Defendant refers to paragraph (vi) at page 8 of the Statement of Claim and admits in so far as, the 8th Defendant had introduced the deceased to the 4th 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 4th 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. The 8th Defendant refers to paragraph (vii) at page 8 of the Statement of Claim and verily denies it’s contents. The 8th 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. 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 residence of the then Deputy Prime Minister of Malaysia in Putrajaya, Sri Satria. 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. The 8th Defendant refers to paragraph (xi) at page 9 of the Statement of Claim and admits to its contents.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 and 6th Defendats have till now never denied and/or refuted the facts circulted by the media in Malaysia at that time. 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 8th 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. 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. 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. 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 by DATO’ MOHD NAZIM BIN TUN ABDUL RAZAK ( 4th Defendan).The 8th Defendant refers to paragaraph (xvii) at page 10 of the Statement of Claim and states that the 8th 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. 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. 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. 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 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. The 8th Defendant refers to paragraph (xxii) at page 11 of the Statement of Claim and states that based on the 8th Defendant’s opinion, the deceased had read, but possibly not understood the contents because his solicitor was not present to explain the contents. 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 8th Defendant will adduce the necessary evidence during the course of the full trial. The 8th Defendant refers to paragraph 18 of the Statement of Claim and states that all the previous solicitors appointed by the 8th 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 8th 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. 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. ................
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