A warrant of arrest has been issued against Kapar member of parliament S Manikavasagam for failing to accept a subpoena to testify at an inquest into the sudden death of drama actress K Sujatha.
Coroner Mohd Faizi Che Abu issued the warrant this morning, saying he was satisfied that police had tried to locate Manikavasagam but that he had refused to accept the subpoena.
“He (Manikavasagam) had made an application to this court to be a participant in these proceedings. He is also aware that the proceedings have been going on yesterday and today,” said the coroner.
“Attempts by the police to serve the subpoena on him had been made on June 17 and 18 and this shows that he has been trying to avoid receipt. As such, the court is satisfied with the evidence of Chief Inspector Tay Chew Hwa and a warrant of arrest is issued against him to compel him to testify.”
Tay, earlier responding to questions from DPP Geethan Ram Vincent, testified he had tried to serve the subpoena on Manikavasagam at Parliament House yesterday and today.
“I received instructions at 12.30pm yesterday to serve the subpoena and called his handphone number. Manikavasagam told me to meet him at the Parliament lobby in the afternoon,” said the officer.
“I waited for him, but at 2.30pm received a SMS saying he is occupied and had a meeting in Kapar. I replied asking where I could meet him next and he told me to see him at Parliament House (today) at 9am.”
Tay said he waited until 10am without seeing Manikavasagam. In response to his call, the MP said he was busy and asked for today’s hearing to be postponed.
“Manikavasagam said his lawyer was not prepared and that he was very busy in Parliament.
“I understand that, on June 17, the police had tried to serve the subpoena but Manikavasagam replied that his lawyer was abroad. He told the police then that his lawyer had advised him not to accept the subpoena.”
This response prompted counsel K Kumaraendran, who is holding a watching brief for S Vell Paari, asked for a warrant of arrest to be issued against Manikavasagam as his refusal to accept the subpoena had led to the proceedings being delayed.
DPP Anselm Charles Fernandes , who is leading the prosecution team, said Tay’s testimony has revealed that the MP has been avoiding the subpoena.
Yesterday, the court had issued a warning that Manikavasagam would face an arrest warrant if he continues to avoid accepting the subpoena.
Sujatha died in June 25, 2007, at the age of 28, four days after admission to hospital for allegedly drinking weedkiller.
She had worked for S Vell Paari , who helms the MIC investment arm Maika Holdings and is the son of MIC president S Samy Vellu.
Her alleged personal relationship with him has excited much public comment. While he has denied any romantic links, his testimony revealed that he had spent lavishly on her.
Vell Paari had also testified that his cousin Dr SP Sakthiveloo, had been with him when Sujatha was taken to the Klang Hospital for treatment after consuming paraquat.
Manikavasagam’s explaination
Speaking to reporters in Parliament, Manikavasagam accused the police of not giving him adequate time to respond to the subpoena.
MPs said his lawyers will file an application tomorrow at the Jalan Duta courts to set aside the warrant.
“They are tarnishing my name as though I am the criminal,” he said.
Manikavasagam claimed that he had not evaded the inquest, as he had attended the proceedings on the first two days.
However, he claimed that the DPP then told him his presence would only be required when subpoena was served.
“I read in the papers today that the court was going to issue an arrest warrant… but they haven’t even given me the subpoena, (so) how do they expect me to attend?
“And they know very well that Parliament is in session right now. I spoke to the inspector and told him to hand me the subpoena on a weekend at home or at my office… the special branch officers know where I live and they have my address.”
The MP said a police inspector had called him at 8am today, requesting him to attend the inquest.
“I have to be in Parliament today… how can he call me in the morning and within two hours expect me to cancel all my other programmes to attend the inquest?
“The DPP knew the dates of the inquest much earlier… so they could have served the subpoena much sooner. But they waited and now they want to issue a warrant (of arrest).”
Earlier today, Manikavasagam had told Malaysiakini that the police had wanted to serve the subpoena on him in Parliament yesterday.
“This is not the place to serve a subpoena. They know my house and my office address. They can serve me the subpoena there,” he had said.
Pathologist: ‘No signs of force’
In court meanwhile, Prof Dr Shahrom Abdul Wahid, a pathologist from Hospital UKM in Cheras, concluded his testimony.
He said the post-mortem examination revealed that Sujatha had consumed weedkiller without any physical force being applied to her.
“There are no signs of force being used to administer the paraquat as there are no marks on her neck and face. There was no signs of struggle on any part of her body. She drank the paraquat while standing or sitting,” he said.
“There were also no splash marks of paraquat on her body. Normally if there is a struggle, there would be marks of the poison falling on her stomach and body but there are no signs of this.”
However, Shahrom said he had questions as to why Sujatha was taken to the Klang Hospital, as the best option would have been for her to be admitted to the Kuala Lumpur Hospital (KLH) for immediate medical attention. Sujatha lived in a condominium unit near Sentul.
He agreed that he knew Sakthiveloo well and he must have made the necessary preparations at the Klang Hospital (where he worked).
“Maybe by taking Sujatha (to Klang) it could have minimised bureaucracy. However, the KLH has its specialists and the equipment to treat her,” he noted.
As a result of Manikavasagam’s no-show today, the inquest was postponed to July 9 and 10.
malaysiakini
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