KUALA LUMPUR – A woman who claimed to be the wife former MIC president Tun S Samy Vellu failed again to be an intervenor in Datuk Seri S. Vell Paari's lawsuit to have Samy Vellu's mental health determined by the court, when her second application was dismissed by the High Court today.
Lawyer RSN Rayer, representing Meeriam Rosaline Edward Paul, 59, said the High Court judge Wong Chee Lin dismissed the woman’s second application after hearing the submissions by both parties.
Judge Wong dismissed the application based on grounds that his (Wong) decision in dismissing the earlier (first) application was final, the lawyer said after the hearing of the application today.
Rayer said the court dismissed his client’s application with a cost of RM5,000.
He said his client had filed an appeal on September 18 against the dismissal of her first application, and would also file an appeal against today’s decision.
On September 11, High Court Judge Wong Chee Lin rejected Rosaline's first bid to be an intervenor in Vell Paari's lawsuit at a cost of RM5,000, after hearing arguments from both parties.
The same day, the judge allowed an application by Vell Paari for his father to undergo mental health screening.
The application was made by Vell Paari in the suit he filed against Samy Vellu for the court to declare that his father was incapable of managing his own affairs.
Vell Paari, 58, filed the suit against Samy Vellu on December 2 last year, seeking a court order that an investigation be conducted to ascertain the mental fitness of his father, and whether the former 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 on his father, to determine the period his father had been suffering mental disorder.
He also sought a court order to find out if his father is capable of giving orders to his lawyer to act on his behalf (Samy Vellu) 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 personally and prepare a report on the defendant's mental capacity.
In the event that the defendant 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 (plaintiff) 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 Samy Vellu, his property or interests.
He said that since 2017, he had helped his father in managing his affairs and estate and had used his own funds for the purpose, as his father do not have access to the funds in his bank accounts due to health reasons. – Bernama, October 8, 2020
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