KUALA LUMPUR: Former MIC secretary-general Datuk Seri S. Vell Paari (pic) has filed an originating summons against his father Tun S. Samy Vellu to determine the latter’s mental state through an inquiry under Mental Health Act 2001.
Vell Paari named his 82-year-old father, a former works minister, as the sole defendant in the suit filed through the law firm Messrs Mathews Hun Lachimanan recently.
In the originating summons, the only son of Samy Vellu sought an inquiry under Section 52 of the Mental Health Act 2001 to determine whether his father had a mental disorder that would cause him unable to manage himself and his affairs.
The inquiry, he said, was also to determine the time frame of which the defendant could be of mental disorder, whether he was able to give orders to his solicitor to act on his behalf as well as the types of properties owned by the defendant.
Vell Paari asked for one Dr Prem Kumar Chandrasekaran, 52, a consultant neuropsychiatrist and chief of neurobehavioural medicine services from the Penang Adventist Hospital or other mental health experts to be given full access to the defendant in order to prepare a report on the defendant’s mental state in accordance to Section 54 of the same Act.
In the event that the defendant is found to be suffering a mental disorder and unable to manage himself, Vell Paari sought for himself and a lawyer, Datuk C. Vijaya Kumar, 68, and other individuals deemed fit by the court, to be appointed to a committee for the defendant’s estate.
Vell Paari also asked the court to determine the powers of the said committee, make provisions for its costs and expenses, and for remuneration to be paid to the committee members.
He also sought to be named as his father’s litigant in any proceedings involving the defendant.
In his supporting affidavit, Vell Paari said his mother, Toh Puan R. Indrani and younger sister S. Mangayerkarasi, were aware of his application and would affirm separate affidavits in support of his originating summons.
“My mother, sister and I have observed the progressive deterioration of my father’s cognitive ability since 2017.
“Professor David Ames, a consultant psychiatrist from Victoria, Australia, has attended to my father and diagnosed him as having dementia in the same year, ” he said.
Vell Paari said as of 2017, he had been assisting his father managing the latter’s estate and had used his own funds in the process.
“My father was unable to access his funds in his banking accounts as the banks were aware of his condition and unwilling to act on his orders, ” he added.
He also said in the affidavit that a woman whom he identified as only “Meeriam”, had initiated legal proceedings against him and his father at the Ipoh High Court.
“Without referring to the merits of the originating summons, I would like to state that Meeriam’s claims are being disputed. Due to my father’s condition, he is unable to give proper orders to his lawyers and unable to affirm affidavits on his own name.
“Meeriam is taking advantage of my father’s condition and seeking to cross-examine him although he did not affirm any affidavit, ” he said.
He added that his father was unable to defend himself and in that premise, it was important for him to be given the power to speak on his father’s behalf.
“I fear that the proceedings in Ipoh would affect my father’s physical and mental health, ” he said.