Indira bids to adduce ex-husband's Budi95, Sara usage records as evidence

 

Kindergarten teacher M Indira Gandhi has applied to adduce her ex-husband’s Riduan Abdullah - formerly K Pathmanthan - government aid usage records as evidence in her ongoing appeal involving her civil suit against the government.

Court documents showed that the application was filed on Nov 7 last year, after the Court of Appeal completed its hearing of her appeal and the respondents’ submissions.

In today’s proceeding before the Court of Appeal panel, led by judge Zaini Mazlan, Indira’s lawyer Rajesh Nagarajan submitted that the information is crucial evidence that was not available when the case was in the High Court.

“The fourth respondent (the government) had only introduced Budi95 and the Sara (Rahmah Necessities Aid) RM100 on Sept 30 and Aug 31 last year (respectively).

“(This) proves that this evidence could not have been produced through reasonable diligence, as the evidence only existed after the conclusion of the proceedings in the High Court and Court of Appeal.

“The admission of the proposed fresh evidence is necessary, in the interest of justice and satisfies the well-established legal principles governing such applications.

“This evidence bears an important influence on this appeal, as (it) proves that the respondents have failed and neglected in fulfilling their duties,” he said.

New proof prejudicial to respondents

Senior federal counsel Liew Horng Bin, in reply, said the new evidence will prejudice the respondents, as the documents were not challenged during the case trial.

He added that the respondents will not have the opportunity to examine or investigate the documents if the court allows them to be tendered.

“The new documents are apparently not credible and questionable, as they were from an online source, and there is no affidavit, affirmed by the maker of the new documents, being filed in court.

“(The respondents) further submit the appellant has failed to fulfil the conditions to adduce fresh evidence as provided under Rule 7, Rules of Court of Appeal 1994 and Section 69(3) Courts of Judicature Act 1964.”

The panel then reserved its judgment on the application and fixed Feb 19 for case management.

Presiding with Zaini today were Court of Appeal judges Faizah Jamaludin and Radzi Abdul Hamid.

Failure to track Riduan

Indira filed a RM100 million suit in 2020, in which she named former IGP Abdul Hamid Bador, the police, the Home Ministry, and the government as defendants, after receiving no news about her daughter, Prasana Diksa’s whereabouts.

Prasana was 11 months old when she was taken away from her mother in 2009.

Indira claimed that Hamid, during his tenure as the IGP, as well as the police, had committed the tort of nonfeasance, and alleged that he intentionally neglected to carry out their duties in locating his ex-husband and daughter.

In June last year, the High Court dismissed her suit after finding that Hamid and the police had exercised their duties in executing the Federal Court’s mandamus order. - Mkini