PUTRAJAYA: M. Indira Gandhi has failed in her bid to adduce fresh evidence in her lawsuit against the Inspector-General of Police (IGP) and three others over their failure to locate her ex-husband who took their daughter away.
The Court of Appeal dismissed Indira's application on grounds that it did not disclose any circumstances that would justify the court's discretion to admit the fresh evidence.
Indira attemped to adduce fresh evidence relating to the use of Budi95 and MyKasih Sara by her former husband Muhammad Riduan Abdullah, formerly known as K. Pathmanathan.
A three-judge panel, chaired by Justice Mohamed Zaini Mazlan, said the evidence the appellant wished to adduce was not available during the High Court trial and only surfaced after the trial concluded.
In such circumstances, Justice Mohamed Zaini said the first condition under Rule 7(3A)(a) of the Rules of the Court of Appeal 1994 had been fulfilled, as the evidence was not available and could not have been obtained with reasonable diligence since Budi95 and MyKasih Sara only came into existence after the conclusion of the trial at the High Court.
"The evidence sought to be introduced relates to events that occurred well after the conclusion of the trial in the High Court and after the hearing of the appeal before this court. It is therefore evidence of subsequent events.
"The fresh evidence, even if true, does not contradict any finding of fact made by the High Court, nor does it undermine any premise upon which the decision was reached. The further evidence that the appellant intends to adduce is not based on events that occurred before Jan 27, 2020," Justice Mohamed Zaini said in the unanimous decision here on Monday (April 20).
The appellate court dismissed the application with no order as to costs.
Other judges on the bench were Justices Faizah Jamaludin and Mohd Radzi Abdul Hamid.
Justice Mohamed Zaini then fixed April 24 for case management to set the date for the decision on the main appeal.
Indira is appealing a High Court decision from June 28, 2024, which dismissed her lawsuit against the IGP, the police, the Home Ministry and the government.
The High Court had ruled that police used all available resources to locate Muhammad Riduan.
Indira's lawsuit, filed on Oct 28, 2020, claims the IGP deliberately disregarded the Federal Court's mandamus order, failing to take appropriate action to return her daughter. She asserted that the defendants' actions caused her prolonged separation from her daughter.
In 2009, Pathmanathan unilaterally converted his three children to Islam and obtained custody from the Syariah Court.
In 2016, the Federal Court affirmed a High Court mandamus order to apprehend Pathmanathan and return Prasana Diksa.
The apex court ruled in 2018 that the unilateral conversion was null and void and the Ipoh High Court granted full custody to Indira in 2010.
Prasana Diksa was 11 months old when taken and turns 18 this year. Indira's two other children were returned to her in 2010.
