Court rules PM need not testify in RM30mil suit

 The High Court says the subpoena compelling the prime minister to testify cannot stand as he is not a material witness.

According to the plaintiffs, businessman Vinod Balachandra Sekhar had persuaded them to invest without disclosing his alleged bankruptcy status.

PETALING JAYA:

The Kuala Lumpur High Court has set aside a subpoena requiring Prime Minister Anwar Ibrahim to appear as a witness in a RM30 million civil suit filed by 12 people against businessman Vinod Balachandra Sekhar and his wife, Winny Yeap.

The suit was filed in 2023 by 10 investors and two former employees of Vinod, who alleged misrepresentation, fraud and breach of contract.

Judicial commissioner Adam @ Edward Abdullah, in allowing Anwar’s application to set aside the subpoena issued on Jan 15, ruled that the plaintiffs had failed to establish that the prime minister was a relevant and material witness to the proceedings.

“No useful purpose would be served by compelling his attendance. To do so would be oppressive and divert the trial from the real legal issues.

“The plaintiffs relied on photographs, social media posts and public appearances involving Anwar and Vinod.

“At their highest, such materials may demonstrate acquaintance or association, but they do not establish that the applicant possesses personal knowledge of the transactions pleaded. A relationship does not equate to materiality,” he said.

The court also said the issuance of a subpoena is not automatic and must be subject to judicial control.

“Otherwise, anyone mentioned in an email, photographed with a party or referred to in a conversation could be compelled to attend court. That is not the law,” Adam said.

Adam also noted that although the plaintiffs argued that Anwar’s name had been used to perpetrate fraud, their own witness acknowledged there was no evidence showing the prime minister’s name had been used to solicit investments or obtain funds.

“Therefore, the court allows the applicants’ application to set aside the subpoena,” he ruled, also ordering the plaintiffs to pay RM20,000 in costs to Anwar.

Lawyer Sanjay Mohan appeared for the prime minister, while lawyer Colin Andrew Pereira represented the plaintiffs.

The plaintiffs alleged that Vinod had persuaded them to invest, either personally or through his companies, without disclosing his alleged bankruptcy status.

They also alleged that concerns raised in an email dated Sept 30, 2020, were dismissed by Vinod, who allegedly stated that a person named “Anwar” would resolve the matter, leading them to believe the reference was to the prime minister. - FMT