KUALA LUMPUR, Dec 9 — Datuk Seri S. Vell Paari said his decision to file an originating summons in the High Court against his father, Tun S. Samy Vellu, was to protect the latter who is allegedly suffering from dementia.
In a statement to Malay Mail, the former MIC secretary-general said the legal action to ascertain the former minister’s mental condition was needed due to Samy Vellu’s allegedly “poor recall and registration of events” that suggested his declining mental state.
“The application has been necessitated by two events, essentially by an action filed against my father, Tun Samy and myself by one, Meeriam Rosaline a/p Edward Paul.
“Secondly, my father was diagnosed in 2017, as suffering from dementia, due to Alzheimer’s disease. Nonetheless, I have been holding off filing the application until now,” he said.
He insisted that he has “no difficulties or differences” with his father.
“In fact, towards early 2017, my father had authorised me to manage his personal and financial affairs for the benefit of himself and our family.
“My mother and sister are well aware of the application, and have affirmed their support for the application, in the interest of my father,” he said.
Earlier, citing court documents filed on December 2, The Edge reported that Vell Paari named his 82-year-old father, as the sole defendant in the application and wants the court to hold an inquiry under Section 52 of the Mental Health Act 2001 to determine if Samy Vellu is a mentally disordered person.
According to the news report, he wants to know when his father’s mental health started to decline if it is proven so, if the latter can give instructions to lawyers and when he could be incapable.
One Professor David Ames and Dr Bharathi were cited to have found Samy Vellu to be a mentally disordered person.
The Edge reported Vell Paari as claiming that Samy Vellu was unable to access funds from his own bank accounts as the bankers are aware of his mental condition and have purportedly refused to follow given instructions, prompting the suit.
Vell Paari was also reported to be seeking the court’s permission for Dr Prem Kumar Chandrasekaran, a consultant neuropsychiatrist and head of Neurobehavioral Medicine at the Penang Adventist Hospital, or other mental health experts, to examine Samy Vellu’s mental capability for a medical report.
The son also reportedly wants to know how many properties Samy Vellu owns.
Should Samy Vellu be confirmed to be mentally incapable, Vell Paari asked that the court appoint him to a committee to manage his father’s affairs, together with lawyer Datuk C. Vijaya Kumar or anyone else the court sees fit. He also asked to be made a litigant to represent his father.
The son said the court can determine the committee’s powers, make provisions for costs and expenses, and remuneration to be paid to members.