KUALA LUMPUR (Sept 11): The High Court here today allowed an application by Datuk Seri S Vell Paari for his father, former MIC President Tun S Samy Vellu (pictured) to undergo a 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.
Judge Wong Chee Lin allowed Vell Paari’s application in line with Section 52 of the Mental Health Act 2001 after hearing the arguments of both parties.
Lawyer David Mathews representing Vell Paari said this to reporters after the matter came up in chambers today. Also present was lawyer Prem Ramachanran representing Samy Vellu.
“The court has allowed the application but I cannot disclose further details regarding the investigation,” he said.
David said in today’s proceedings, the court also rejected an application by a woman claiming to be Samy Vellu’s wife to be an intervenor in Vell Paari's lawsuit.
“The application by Meeriam Rosaline Edward Paul, 59, was rejected by the court after hearing arguments from both parties at a cost of RM5,000,” he said.
Vell Paari, 58, filed the suit against Samy Vellu on Dec 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 his father, properties or interests.
The plaintiff added 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.
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