Two prominent barristers to lead Hindraf’s legal suit against British government

Jan 19, 2017
Head of Holborn Chambers Stuart Stevens
Head of Holborn Chambers Stuart Stevens

The class action suit against the British government by Hindraf later evening will be represented by Head of Holborn Chambers Stuart Stevens along with London based Malaysian barrister Saravana Kumar.

The hearing will begin at 10.00 am (GMT) before His Lordship Lord Justice Henderson at the Royal Court of Justice.

The claimant in this suit Hindraf chairman P. Waytha Moorthy has commended both barristers for their tremendous patience and perseverance to familiarise with thousands of declassified documents to prove the claim has merits, said in a statement.

It is also pointed out that a marathon 10 hour conference was held over 2 days to tie loose ends in the case.

Stuart Stevens a leading legal practitioner and senior counsel have formulated his arguments, in a nutshell as follows:

a)    The preliminary point was whether this action could be brought at all, as the respondents argues that the particulars of claim were brought other than in respect of Her Majesty’s government in the UK (under the Crown Proceedings Act 1947) but by right of Her Majesty as Queen in the former Federation of Malaya.

In this case the Queen was never Queen of Malaya and the learned High Court Judge misdirected himself.

b)    The fact that it is a novel and unprecedented case, should not be a bar particularly in well-established cases involving discrimination which goes to the core of the present case.

c)    Harm was suffered from the moment the Constitution was passed and implemented.

d)    The majority of the Indian population was immediately disenfranchised and became stateless, lost their right to equal protection and their right to challenge any unconstitutional laws. They also lost their protection as citizens of the UK and colonies.

e)    The duplicity of the British government is clearly illustrated in the confidential letters 12 days after independence between the British High Commissioner and the Malaysian Prime Minister Tunku Abdul Rahman which show that the UK government fully understood that the amended Constitution did not comply with the UN and European Convention of human rights legislation.

Stevens when contacted by Hindraf leadership over the phone stressed that this is a case that justice demands should be tried in a full hearing with evidence from the claimant Waytha Moorthy and the thousands of documents he has in his possession to prove his claim there was an act of negligent on the part of Her Majesty’s government.

There would be a live update today on court proceedings and those keen can log on to Hindraf Facebook page from 5 pm onwards.