The Federal Court today dismissed the appeal by private investigator P Balasubramaniam's widow A Santamil Selvi and three others to reinstate her RM1.9 million suit against Prime Minister Najib Abdul Razak, his wife Rosmah Mansor and five others.

The Court of Appeal earlier rejected her appeal to review the High Court's decision to strike out her suit.

A three-member Federal Court bench led by Md Raus Sharif ruled in a unanimous decision that it cannot allow the amendment.

"Hence the application is dismissed," Justice Md Raus said.

The other two judges were Justice Ahmad Ma'arop and Justice Ramly Ali.

According to lawyer Mohd Hafarizam Harun for Najib and Rosmah ( photo ), today's decision meant that the legal action by Santamil Selvi against his clients has ended.

The Federal Court also ordered Santamil to pay RM10,000 as costs to Najib and Rosmah and RM10,000 to each of the other five defendants.

Ironically, Najib's younger brother Nazim Abdul Razak, who is an architect, and who was alleged in Santamil's statement of claim along with carpet businessman Deepak Jaikishian to negotiate the withdrawal of Balasubramaniam's first statutory declaration, did not ask for costs.

Despite today's decision, Santamil's suit against Deepak is still on where the Court of Appeal will hear its merits on Friday.

Santamil's lawyers, former Federal Court judge Gopal Sri Ram and Americk Sidhu, sought the court's permission to amend their application that it filed, from a review of the Court of Appeal's decision to a leave to appeal.

“This follows an error by the solicitor in not recognising an earlier judgment that a review of a Court of Appeal decision cannot be made before the Federal Court. In the interests of justice, the plaintiff should be allowed to amend from Rule 137 (a review) to Rule 96 (a) for leave before the court.

“Furthermore, the Court of Appeal had wrongly held that the plaintiff was wrong in not issuing a notice of appeal with regard to the Kuala Lumpur High Court decision to each of the eight defendants.

"This follows Chief Judge of Sabah and Sarawak (Richard Malanjum) who had ruled in another case that there is no need for the filing of different notice of appeal for decisions affecting other defendants,” Gopal said.

However, Hafarizam, who appeared along with lawyer Choo Shi Jin, said if the court allows the amendment it is akin to allowing the plaintiff's change of position or stance.

Other lawyers representing the various defendants, including Darryl Goon for Cecil Abraham, also concurred and added that the court does not have jurisdiction to hear this case, as Santamil is appealing based on the Court of Appeal's decision regarding the improper notice.

Bala retracted his first SD

Santamil and her three children had named Najib, Rosmah, Najib's younger brothers Ahmad Johari (lawyer) and Nazim, along with senior lawyer Cecil Abraham and his son Sunil Abraham, lawyer M Arunampalam (the lawyer who appeared for Bala in the second SD) and commissioner of oaths Zainal Abidin Muhayat and Deepak as defendants in the suit.

She and the children filed the suit following Balasubramaniam and their five-year exile as a result of the SD saga in July 2008, where the former private investigator had firstly claimed that Najib knew and had a relationship with Mongolian lass Altantuya Shaariibuu who was murdered in a forest in Puncak Alam on Oct 19, 2006.

Balasubramaniam had retracted his first SD and made the second one. Now it had come to light that Cecil was allegedly roped in to draft the second SD. This is a matter before the Advocates and Solicitors Disciplinary Board.

Subsequently, Balasubramaniam and his family moved out of the country only to return in 2013, but the former PI died of a heart attack on March 15, 2013.

The High Court in Kuala Lumpur on Dec 11, 2014, without a full hearing, ‎ struck out the RM1.9 million suit PI Bala’s widow filed against Najib, Rosmah and seven others.

Justice Hasnah Mohamed Hashim said Santamil has no locus standi (legal standing) to file the suit because she does not possess any letter of administration to manage the late private investigator's estate.

Santamil filed her appeal with the Federal Court in June this year, two months after the Court of Appeal struck out her appeal to reinstate her RM1.9 million suit.

Meanwhile, Deepak told reporters he hopes for a speedy end to his case.