The coroner today set aside a warrant of arrest issued against Kapar MP S Manikavasagam for failing to receive a subpoena to appear in drama actress K Sujatha's inquest.

manikavasagam police arrest court sujatha 250609 Coroner Mohd Faizi Che Abu, sitting as a magistrate to hear the application to set aside the warrant, made the decision after hearing submissions from Manikavasagam.

"The court sets aside the warrant of arrest as there is merit," he said.

"However, the court notes that there are two different versions between what was told by the police and the applicant (Manikavasagam).

"It would be up to the prosecution to decide on whether to initiate contempt proceedings," he said.

A subpoena to be present at the inquiry was then served on Manikavasagam after the arrest warrant was revoked.

Discrepency in affidavit and SMS

Yesterday, Manikavasagam filed an application to set aside the warrant after Mohd Faizi issued the order.

It was issued against Manikavasagam on Tuesday after a police officer alleged that the MP had evaded receiving it.

After the decision, DPP Geethan Ram Vincent stood up and said he only received the affidavit yesterday afternoon in Putrajaya, and was unable to file a reply.

He also informed the court that there was a discrepancy in Manikavasagam's affidavit and an SMS received by the police officer.

Geethan wanted the court to note the differences even though Mohd Faizi had already arrived at a decision.

To this, Mohd Faizi said it would be up to the prosecution to determine who is lying and whether to initiate contempt proceedings.

Meanwhile, lawyer K Kumaraendran who is holding a watching brief for Maika Holdings chief executive officer S Vell Paari wanted the court to take note of disturbing comments made by Manikavasagam's counsel Surendran in addressing the court today.

"He should not be allowed to make political statements and address the court in a sub-judiced manner.

"This kind of behaviour should not be condoned from legal practitioners," he said.

Surendran replied that he did not say anything which may offend the court and that he merely said the application should be allowed.

Inquest not focussing on real issue

Mohd Faizi then reminded all parties to be professional when making their submissions.

Earlier, Surendran had submitted that the warrant of arrests issued did not comply with the Criminal Procedure Code, as Manikavasagam did not conceal himself or avoided the authorities.

k sujatha indian tamil actress "He is a MP and is always available either in Parliament, his house or his constituency. The special branch knows where he lives and it is no problem for the police to serve the subpoena."

"Hence the issuance of the warrant of arrest is ultra vires and the court should set it aside," said the lawyer.

Manikavasagam, outside the court said, the inquest was not focussing on the issue - on finding the real cause of death of K Sujatha (left) .

"I will give my testimony on July 9 where I hope to reveal what went on," he said.

Geethan, meanwhile, said he will seek further instructions from the Attorney-General's chambers on whether to institute contempt proceedings against the Kapar MP.

Sujatha died on June 25, 2007, at the age of 28, four days after being admitted to the Klang Hospital, after she allegedly drank weedkiller.

She had worked for Vell Paari, who helms the MIC investment arm Maika Holdings and who is also 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.

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