A Court of Appeal three-man panel led by Justice Kamaludin Md Said struck out the appeal after Deepak’s counsel Vinod Kamalanathan informed the court that he had received instructions from his client to withdraw the appeal.
Kamaludin also ordered Deepak to pay cost of RM1,000 each to the counsel representing the eight respondents.
Besides Najib and Rosmah, the other respondents are Najib’s siblings – Ahmad Johari and Mohd Nazim, lawyers Cecil Abraham, Sunil Abraham, Arulampalam Mariampillai and Commissioner of Oaths Zainal Abidin Muhayat.
The other two judges on the bench were Azizah Nawawi and Ahmad Nasfy Yasin. The proceeding was conducted via video conferencing.
On Aug 6 last year, the High Court in Kuala Lumpur dismissed Deepak’s application to reinstate the names of the eight respondents as the third party in the suit filed by Balasubramaniam’s widow, A Santamil Selvi and their three children, B Kishen, B Menaga and B Reeshi, on grounds that he (Deepak) had failed to establish a prima facie case and that his application lack particulars.
Balasubramaniam, also known as PI Bala, was the key witness in the murder trial involving Mongolian Altantuya Shaariibuu in 2006.
He died of a heart attack on March 15, 2013, a few weeks after returning from India. Santamil Selvi refiled a similar suit against Deepak and the eight respondents after her first suit was dismissed.
In their statement of claim, Santamil Selvi and her children claimed that they had to move to India in exile due to the second statutory declaration made by Balasubramaniam pertaining to Altantuya’s murder and that they had stayed in India for 56 months from July 4, 2008.
The widow and her children are seeking RM840,000 in damages, including for the rental of an apartment in Chennai, India, school fees and the loss of income as a kindergarten teacher, housing loan, transportation cost, general and special damages and costs.
Except for Deepak, the eight respondents applied in the Kuala Lumpur High Court to strike Santamil Selvi’s second lawsuit but were unsuccessful. They, however, succeeded in their appeal at the Court of Appeal to set aside the High Court’s decision.
Deepak later filed the application at the High Court to again include the eight as parties in the suit.