Lawyer Karpal Singh has denied that he misled Raimah Bibi Noordin to sign an affidavit handing custody of her six children to her Hindu husband P Marimuthu.

In a four-page statement, Karpal rebutted Raimah's claims that she was "misled" into signing the custody agreement. Her remarks were made in an interview with malaysiakini two weeks ago.

Raimah was quoted as saying: "I am illiterate, and my husband's lawyer did not explain the letter to me in detail. He told me to sign and I signed it. I am going to file a case against him. Now, I don't have any rights over the children."

She also said she was cheated and "was stupid to sign the (custody) letter".

Karpal also DAP chairperson, described how Raimah, 40, and Marimuthu, 44, went to his office on May 2 to prepare an affidavit to affirm the custody agreement.

"Through the interpretation of my legal assistant A Magesan, I conversed with Raimah Bibi as I do not speak Tamil. This was done front of Marimuthu and (two other) legal assistants.

"Raimah agreed to deliver custody of the children to her husband. She was asked whether she was prepared to affirm the affidavit to that effect, she said she was."

Karpal said Raimah then voluntarily affirmed the affidavit before Commissioner for Oaths Gheerdial Singh in Jalan Pudu, Kuala Lumpur.

The lawyer said she repeated this when Selangor Islamic Religious Department (Jais) legal advisor Zauyah Be Loth Khan explained the contents of the document during the habeas corpus application hearing on May 3.

An offence

Karpal next informed High Court judge Su Geok Yiam that the application had been overtaken by events as a settlement has been reached following an affidavit by Raimah that she remained a Muslim.

In her affidavit, Raimah agreed that the children be returned to the father and their home in Selangor's Kampung Baru Tambahan Ulu Yam to be brought up as Hindus.

Karpal said Su then explained the affidavit to Raimah when the proceedings commenced and the rubber tapper affirmed her position once more.

"In now saying that she has been misled by me in complying with the arrangement as set out in her affidavit, Raimah has clearly committed an offence under section 193 of the Penal Code for affirming a false affidavit for use in a judicial proceeding," he said.

Such offences are punishable with a maximum jail sentence of seven years and a fine upon conviction.

Marimuthu and Raimah's problems surfaced when seven Jais officers visited their house in Kampung Baru Tambahan Ulu Yam on April 2.

The officials told Marimuthu that his wife of 21 years is a Muslim and that she and their children - aged between four and 12 - must be placed in a rehabilitation centre.

Marimuthu sought the help of DAP and filed the habeas corpus application for the release of his wife and children.

Jais agreed to grant custody of the children to Marimuthu to be raised as Hindus but prohibited Raimah from living with her husband. She, however, continues to have access to her children.

Marimuthu claimed he did not know that his wife was a practising Muslim before their marriage, as they have been living as Hindus ever since.