Lawyer Muhammad Shafee Abdullah, Baling MP Abdul Azeez Abdul Rahim and a medical doctor today succeeded in their bid to strike out the permission obtained by the widow of private investigator P Balasubramaniam to initiate contempt of court proceedings against them.

Shafee told reporters that the High Court judiciary commissioner Quay Chew Soon made the decision after hearing the application in the chamber.

“The court allowed the application on the grounds that the allegation by businessman JR Deepak Jaikishan in the affidavit pertaining to the contempt was unreliable,” he said.

Shafee said the court also ordered the applicant (A Santamil Selvi) to pay the cost of RM5,000 each to him, Abdul Azeez and Dr S Ganesanathan.

Santamil Selvi filed the application for leave to initiate contempt of court proceedings against Shafee, Abdul Azeez and Ganesanathan on Oct 31, 2018 and was granted by the court on April 30, 2019. The three respondents filed to strike out the approval on July 12, 2019.

The woman filed the application claiming that the three respondents had prevented Deepak from being questioned on the affidavit which he had submitted together with the defence statement in her suit.

Santamil Selvi (below) claimed that Shafee, who had previously represented Deepak in the case, had intentionally and falsely informed the court that Deepak was not able to attend court for questioning as the businessperson was sick and a copy of his medical report by a government hospital was submitted to the court.

The proceeding, which was supposed to be held on March 19, 2018, was postponed to March 27 the same year.

However, on March 27, 2018, the cross-examination on Deepak was again postponed to April 13, 2018, after Shafee produced a copy of the medical report issued by the third respondent (doctor) to postpone the proceeding.

Santamil Selvi also claimed that that the proceeding on April 13 was postponed after Muhammad Shafee informed the court that Deepak could not attend the proceeding due to health problem.

She claimed that Deepak had lodged a police report that the three respondents had conspired to prevent him (Deepak) from attending the court proceeding by producing a false medical report.

In the affidavit filed with the application, Santamil Selvi claimed that Deepak was prevented from attending the court proceeding for cross-examination to avoid him from telling the truth on the involvement of former prime minister Najib Abdul Razak, who was previously named a defendant in her suit.

On July 23, 2017, Santamil Selvi and her three children - Kishen, Menaga and Reeshi - filed a second suit on behalf of Balasubramaniam against nine individuals, namely Deepak, Najib, his wife Rosmah Mansor, Najib’s brothers Mohd Nazim and Ahmad Johari, lawyers Cecil Abraham, Sunil Abraham and Arulampalam Mariampillai, and commissioner of oath Zainal Abidin Muhayat.

Santamil Selvi and her children are seeking damages for while they were living in Chennai, India for 56 months from July 4, 2008, due to the second statutory declaration made by Balasubramaniam over the murder of Mongolian model Altantuya Shaariibuu.

Balasubramaniam, also known as PI Bala, was the key witness in the trial of Altantuya murder in 2006. PI Bala died of a heart attack on March 15, 2013, a few weeks after returning from India.

On Jan 30, 2018, the Kuala Lumpur High Court rejected the applications by eight defendants except Deepak to strike out the second lawsuit filed by Santamil Selvi. However, they succeeded in their appeal at the Court of Appeal to set aside the High Court ruling.

- Bernama

Editor's note: Based on legal advice, the commenting feature for the above article has been disabled.