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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

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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.

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of Claim.


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.

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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

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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











c. The 8th Defendant refers to paragraph 16 (ii) (b) at page 5 of the









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d. The 8th Defendant refers to paragraph 16 (ii) (c) at page 5 of the











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

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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











g. The 8th Defendant refers to paragraph 16 (iii) (b) at page 6 of the






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h. The 8th Defendant refers to paragraph 16 (iii) (c) at page 6 of the











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

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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

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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











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 ,

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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

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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.

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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

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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

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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

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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

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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.

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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.

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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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