Woman who claims to be Tun Samy Vellu's wife want to be a party in Lawsuit to determine his mental health

Woman wants in on Samy Vellu’s case

NATION


Wednesday, 18 Dec 2019





KUALA LUMPUR: A woman claiming to be the wife of former MIC president Tun S. Samy Vellu is seeking to be a party in Datuk Seri S. Vell Paari’s lawsuit to have his father’s mental health determined by the court.

When met by reporters, lawyer R.S.N. Rayer who is representing Meeriam Rosaline Edward Paul, 59, said the application to be an intervener was filed last Friday.


The sealed copies of the document were given to Vell Paari and Samy Vellu’s lawyers yesterday.

“An inquiry proceeding initiated by Vell Paari to determine his father’s mental health has been postponed. This follows an application by my client to be included as a party in the suit,” he said.


Rayer said High Court judge Justice Ahmad Bache allowed the adjournment pending his client’s application to be an intervener in the suit.

“We are saying that she has the right to intervene as she is affected by the proceeding, which is why she has to intervene.

“Our position is that Tun is mentally fit and healthy,” he said after meeting the judge in chambers yesterday.

He added that the court fixed Jan 7 for case management.

On Dec 2, Vell Paari filed the suit, seeking a court order that an investigation be conducted to ascertain the mental fitness of his father, and whether the former MIC president and works minister has the capacity to manage himself and his matters.

In the suit, Vell Paari sought an order that a date, time and place be set for an investigation to be conducted under Section 52 of the Mental Health Act 2001 to determine the period his father had been suffering mental disorder.

Vell Paari also sought a court order to find out if Samy Vellu is capable of giving orders to his lawyer to act on his behalf and to determine the types of property his father owned.

The former MIC secretary-general also requested that consultant neuropsychiatrist and Neurobehavioural Medicine head at the Penang Adventist Hospital, Dr Prem Kumar Chandrasekaran, 52, or other mental health experts, be given access to examine his father and prepare a report on the mental capacity of his father.

In the event Samy Vellu is found to be suffering from a mental disorder and incapable of managing himself and his affairs, Vell Paari will seek that several individuals, including himself, and lawyer Datuk C. Vijaya Kumar be appointed by the court as committee members to manage the defendant’s estate.

If the individuals are allowed by the court to be appointed as committee members, the plaintiff will seek that the court determine the powers of the committee, set a provision for its costs and expenses as well as remuneration to be paid to the members.

Vell Paari will also seek an order for him to be appointed as the defendant’s litigation representative in any legal proceedings involving his father, properties or interests.

Meanwhile, Vell Paari in his affidavit of support said his mother Toh Puan R. Indrani, 79, and his younger sister, S. Mangayerkarasi, 56, would support the suit and would confirm the matter in their affidavits of support.

Vell Paari said Prof David Ames, a consultant psychiatrist from Victoria, Australia, had diagnosed his father as having dementia in 2017 and he was prescribed medicine for the condition.

He said consultant psychiatrist from Pantai Hospital, Dr Bharathi Vengadasalam, also provided reports that Samy Vellu was suffering from a major neurocognitive disorder, and was incapable of managing his finances and estate, administering medicine or making decisions.

Vell Paari said that since 2017, he had assisted his father in managing his affairs and estate and had used his own funds for the purpose, as his father could not have access to the funds from his bank accounts due to health reasons.

On Dec 12, the Ipoh High Court fixed Jan 17, 2020 to hear an interim application from Meeriam Rosaline, who is seeking unconditional access to Samy Vellu, apart from a monthly alimony of RM25,000. - Bernama