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Initials and Surname of witness: A K Vivekananthan
Statement No of this witness: 1
Identifying initials and
number of each exhibit referred to: none
Date of Statement: 03.2005
IN THE HIGH COURT OF JUSTICE CASE NO: HQ 030265
CHANCERY DIVISION
BETWEEN
SIVAYOGAM (A Registered Charity)
Claimant/Defendant
-and-
THE GOVERNORS OF PAVITT HALL
Defendant/Respondent
_______________________________________________________________
WITNESS STATEMENT OF ARUMUGAM KANDIAH VIVEKANANTHAN
_______________________________________________________________
I, ARUMUGAM KANDIAH VIVEKANANTHAN of Pavitt Hall, Alperton, Union Road, Wembley,
Middlesex, HAO 4AH WILL SAY as follows:
I am a tenant of the above property which I jointly hold with three others and make this statement
in support of the defendant’s application to have the injunction discharged. I have read the
Statement of Mr Jayadevan (who I know as Jay) and can confirm that I believe the contents of Mr
Jayadevan’s Statement are true.
Although I am a tenant of the Pavitt Hall, the Claimants are seeking to take an Assignment of the
tenancy and wish to run the Hall as if they are tenants. This would be a breach of the tenancy
agreement. The Claimants are seeking control of Pavitt Hall. I do not support this and wish to
continue in the same contractual relationship with the Defendants. The Lease continues to run
until the 28 February 2009 and I do not support the Claimant’s contention that the management
of the Hall has somehow passed to them. Although documents have been signed as Mr
Jayadevan has outlined, these were signed under duress.
Given the limited time I will not repeat the details but simply add to Jay’s statement. He and I flew
to Sri Lanka following the Tsunami and while there were taken captive by Tamil Tigers, a
proscribed organisation under the Terrorism Act 2000.
I was held for 42 days and was released earlier than Mr Jayadevan on condition that I returned
to the UK and ensure that the transfer of the Temple takes place. I suffer with Hodgkinson’s
disease and have problems with my left leg. While detained I had just one set of clothes and was
becoming increasingly unwell. We were denied access to any health care, legal advice or
contact with the outside world. The entire area is strongly controlled by the LTTE and there was
no prospect of an escape. They kept insisting that the Temple should be transferred. I feared for
my life. I had no choice but to sign documents. These were signed one evening. I could barely
see the documents and signed them by candlelight. I did not see the people that are supposed
to have witnessed the signatures. When I returned to the UK I was able to inform Jay’s wife of
what was going on and she gave evidence to the Police while he was being held in Vanni. Efforts
were then made to seek Jay’s release.
I am aware that Mr Seevaratnam has close connections with the leader of the LTTE and that he
is in regular contact with the LTTE’s main negotiator who is known as “Castro”. I am a supporter
of the Tamil people and the country has been involved in a bitter civil dispute for over 20 years. I
had hoped that a more intellectual and political organisation would form and be able to represent
the Tamil people and form an effective government. Unfortunately things are not happening in
this way.
I was told to sign the various documents and even now I do not recall what I actually signed. It
was made clear that if I didn’t sign then I would be “bumped off”. When I left I was told that they
would not shoot Mr Jayadevan but they would “put a snake on him”. By this they meant he would
die or be injured in some accident. They then said that although physically Jay may return he
would “not be the same person”. On returning to England I believed that Mr Jayadevan would be
killed or seriously injured if the temple was not assigned to the Claimant.
We were under huge pressure and the increasing isolation meant that we became more and
more afraid of what would happen. In such circumstances I would have signed any documents
and believed I really had no choice. It was as if a gun was held to my head. On return the
primary aim was to ensure that Mr Jayadevan was released and fortunately he was. Like him I
have made statements to the Metropolitan Police Kidnap Unit.
I confirm that I wish to continue with the Lease. Neither I nor the other tenants have any desire or
intention to pass the running of the Hall to the Claimant. I therefore support the Defendant’s
application to have the injunction discharged and wish to continue in the same contractual
relationship with the Defendant as agreed in August 2004.
I, ARUMUGAM KANDIAH VIVEKANANTHAN, believe that the facts stated in this witness statement
are true.
Signed …………………………………………………………..
ARUMUGAM KANDIAH VIVEKANANTHAN
Dated: March 2005
CASE NO: HQ 030265
IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION
BETWEEN
SIVAYOGAM (A Registered Charity)
Claimant/Defendant
-and-
THE GOVERNORS OF PAVITT HALL
Defendant/Respondent
_______________________________
WITNESS STATEMENT OF
ARUMUGAM KANDIAH VIVEKANANTHAN
_______________________________
Bindman & Partners
275 Grays Inn Road
LONDON WC1X 8QB
Tel: 020 7833 4433
Fax: 020 7837 9792
Ref: PR/DB