The application was made by Vell Paari in a suit he filed against Samy Vellu seeking a declaration 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 arguments of both parties.
Lawyer David Mathews, representing Vell Paari, told reporters this after the matter came up in chambers today. Also present was lawyer Prem Ramachandran, representing Samy Vellu.
“The court has allowed the application, but I cannot disclose further details regarding the investigation,” he said.
Mathews said at today’s proceedings, the court rejected an application by a woman claiming to be Samy Vellu’s wife to be an intervenor in Vell Paari’s suit.
“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 his father on Dec 2 last year, seeking a court order that an investigation be conducted to ascertain his mental fitness and whether the former works minister had the capacity to manage himself and his matters.
Vell Paari is seeking 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 he had been suffering from a mental disorder.
He is also seeking 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 is requesting that 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 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.
Vell Paari claims that since 2017, he has assisted his father in managing his affairs and estate and has 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.