Court grants Vell Paari's application for father to undergo mental health check


  • Nation
  • Friday, 11 Sep 2020

KUALA LUMPUR: The High Court has allowed an application by Datuk Seri S. Vell Paari for his father, former MIC president Tun S. Samy Vellu, to undergo a mental health check.

Vell Paari made the application in a suit he filed against Samy Vellu to determine whether the latter's mental state would cause him unable to manage himself and his affairs.

Justice Wong Chee Lin allowed the application in accordance with Section 52 of the Mental Health Act 2001 here on Friday (Sept 11) after hearing submissions in chambers from both parties.

Lawyer David Mathews, who represented Vell Paari, told the press that the application was allowed after the proceeding ended.

"The court has allowed the application but I am not at liberty to disclose further information on the inquiry (on mental health)," Mathews said.

Lawyer Prem Ramachandran appeared for Samy Vellu.

Mathews also said that the court rejected an application by a woman who claimed to be Samy Vellu's other wife, Meeriam Rosaline Edward Paul, 59, to intervene in the lawsuit.

"Meeriam Rosaline's application to intervene has been dismissed by the court after hearing submissions from both parties, with costs of RM5,000," Matthews said.

Meeriam Rosaline was represented by lawyer Ramesh Sivakumar in the proceeding.

In December last year, the only son of Samy Vellu filed an originating summons to seek 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.

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.

Vell Paari said as of 2017, he had been assisting his father in managing the latter’s estate and had used his own funds in the process.

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.

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