A three-member panel chaired by Justice Zaini Mazlan unanimously ruled that the application did not meet the threshold for admitting new evidence, Utusan Malaysia reported.
The other judges who sat on the panel were Justices Faizah Jamaludin and Radzi Abdul Hamid.
The proposed new evidence comprised records showing that Riduan Abdullah, formerly known as K Pathmanathan, had received BUDI95 and RM100 SARA assistance.
Indira made the application during the hearing of her appeal to reinstate a RM100 million lawsuit against the police and the government for allegedly failing to trace Riduan and return their daughter, Prasana Diksa, to her.
In delivering the court’s brief grounds, Zaini said the evidence sought arose only after the High Court trial had concluded as the aid programmes cited did not exist at the time.
“The admission of new evidence is at the court’s discretion and is exercised cautiously. (Indira’s) claim against the respondents in the High Court was based on alleged non-compliance within a specified period, namely up to Jan 27, 2020.
“The respondents’ defence was also confined to the alleged non-compliance up to that date, during which they detailed every action taken.
“As such, the High Court’s decision was based on evidence and facts within that period,” he said.
Zaini said the proposed evidence did not relate to the factual findings made by the High Court, nor did it meet the requirement of having a material influence on the outcome of the case.
“We find that this application does not demonstrate any circumstances that would justify the exercise of our discretion to admit the new evidence,” he said.
No order was made as to costs. Senior federal counsel Liew Horng Bin appeared for the respondents, while Indira was represented by Rajesh Nagarajan.
Case management was fixed for April 24 to set a date for the decision on Indira’s appeal against the Kuala Lumpur High Court ruling dismissing her suit.
The High Court had on June 28, 2024 dismissed Indira’s suit after finding she had failed to establish bad faith on the part of the police.
Riduan converted the couple’s three children to Islam in 2009 without Indira’s consent and sought custody through the shariah court.
He then abducted Prasana in 2009, when she was just 11 months old. Their two other children were returned to her in 2010.
On Jan 29, 2018, the Federal Court ruled that the conversions were null and void, and ordered the inspector-general of police to arrest Riduan for defying the High Court’s directive to return the youngest daughter to her mother.