KUALA LUMPUR: Datuk Seri S. Vell Paari, the son of Tun S. Samy Vellu has filed an originating summons against his father for the court to investigate in determining if the former MIC president is of unsound mind and incapable of managing his own affairs.
The suit was filed by Vell Paari, 57, as plaintiff on Dec 2 at the High Court here, through Messrs Mathews Hun Lachimanan, naming the former Works Minister who is 82 years old, as the sole defendant.
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 properties that his father owned.
The former MIC secretary-general also requested that consultant neuropsychiatrist and Neurobehavioral 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 sought 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 also sought 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 also sought an order for him to be appointed as the defendant’s litigation representative in any legal proceedings involving his father, properties or interests.
Meanwhile, Vell Paari in his affidavit of support said his mother Toh Puan R. Indrani, 79, and his younger sister, S. Mangayerkarasi, 56, would support the suit and would confirm the matter in their affidavits of support.
The plaintiff said a consultant psychiatrist from Victoria, Australia, Prof David Ames, had diagnosed his father as having dementia in 2017 and he was prescribed medicines for the condition.
He said consultant psychiatrist from Pantai Hospital, Dr Bharathi Vengadasalam also provided reports that Samy Vellu was suffering from major neurocognitive disorder and was incapable of managing his finances and estate, administering medicines or making decisions.
He said from the findings of the two consultants it was found that his father has mental health disorder and lacks the physical and mental capacity to handle himself and his affairs.
Vell Paari 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 funds from his bank accounts due to health reasons.
The matter was set for case management today before High Court deputy registrar Idamasliza Maarof. – Bernama
