KUALA LUMPUR – The investigating officer tasked with hunting down M. Indira Gandhi’s former husband in 2021 was accused of lying to the court, with Yap Siew Cheng being repeatedly grilled on the stand.
During the cross-examination, Indira’s lawyer Rajesh Nagarajan pointed out that Muhammad Riduan Abdullah (formerly known as K. Pathmanathan) left Malaysia in March 2014 but the police seemed to continue looking for him in the wrong places.
Rajesh: I put it to you that Pathmanathan left the country in March 2014.
Yap: I agree.
Rajesh: So, if he had left the country, why would the police continue to look for him here?
To this, Yap could not answer and kept quiet despite Rajesh repeating himself.
This led judge Raja Ahmad Mohzanuddin Shah Raja Mohzan to instruct Yap to at least reply “agree”, “disagree” or “I don’t know”.
Yap refused to agree with Rajesh’s suggestion that the police did not conduct an honest or thorough investigation nor was it all a “mere act”.
However, she was again caught keeping mum when asked about Riduan’s property after confirming he has a car under his name.
Rajesh also asked Yap if she knew that Riduan was summoned for speeding. Yap did not answer whether Riduan had paid his summons.
This led Rajesh to raise his voice, saying, “This is perjury, ASP Yap, and I will not hesitate to bring a committal action against you.”
Senior federal counsel Andi Razalijaya A. Dadi, who appeared for the defendants, objected to Rajesh’s questioning method.
“My learned friend can ask questions, but don’t do so with a demanding or raised tone. It came off as a threat. She is here to assist the court, so don’t threaten her,” Andi said.
In response, Rajesh said: “She’s not a witness that is here to assist the court, but she’s a defendant in this case and she’s lying.”
Yap was testifying on behalf of the Malaysian police, who are the second defendant named in Indira’s civil suit.
Earlier, former Inspector-General of Police (IGP) Tan Sri Hamid Bador told the Kuala Lumpur High Court that he instructed his subordinates to do whatever it took to solve the case.
During today’s trial of a RM100 million suit brought by Indira against him and three others, Hamid stressed that he was personally invested in the case, especially seeing that he is a parent and a father.
Hamid admitted to Rajesh during cross-examination that any updates regarding the investigation’s progress, which he then conveyed to the media, were based on information from his subordinates.
Indira filed the suit on October 28, 2020, naming Hamid, the police, the Home Ministry and the government as the defendants, respectively.
In the suit, Indira claimed that Hamid, during his tenure as IGP, and the remaining defendants had committed the tort of nonfeasance, or intentionally neglecting to carry out their duty, while in public office.
In her statement of claim, Indira detailed how the defendants had committed negligence and misconduct when they failed to take the necessary steps to apprehend her ex-husband.
She also stated her suffering of anxiety from constantly worrying over her daughter’s safety and well-being and is seeking RM100 million in general, exemplary and aggravated damages against all the defendants.
Indira also claimed that the defendants deliberately and negligently disregarded the Federal Court’s mandamus order that was issued in 2016, which directed the defendants to apprehend her former husband and retrieve her daughter to be returned to her. – February 5, 2024