High court sets aside subpoena, Anwar need not testify in RM30 million lawsuit
The suit was filed in 2023 by 10 investors and two former employees of Vinod, who alleged misrepresentation, fraud and breach of contract.
KUALA LUMPUR - The High Court here has set aside a subpoena requiring Prime Minister Datuk Seri Anwar Ibrahim to appear as a witness in a RM30 million civil suit filed by 12 individuals against businessman Datuk Vinod Balachandra Sekhar and his wife, Winny Yeap Liew Heoh.
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 Datuk Muhammad 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 would divert the trial from the real legal issues.
"The plaintiffs relied on photographs, social media postings 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.
"Relationship does not equate to materiality,” he said.
The court further emphasised that 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,” the judge said.
Muhammad Adam also noted that although the plaintiffs argued Anwar’s name had allegedly 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.
The court also ordered 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.
According to the plaintiffs’ claim, Vinod had persuaded them to invest either personally or through his companies without disclosing his alleged bankruptcy status.
The plaintiffs further alleged that concerns raised in an email dated Sept 30, 2020, were dismissed by Vinod, who allegedly stated that an individual named "Anwar” would resolve the matter, leading them to believe the reference was to the Prime Minister. - BERNAMA
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