IGP, policemen liable for Kugan’s lock-up death, appeal court rules

The Court of Appeal today upheld a High Court ruling that Tan Sri Khalid Abu Bakar and his police officers were responsible for the death in custody of A. Kugan five years ago.

Court of Appeal judge Datuk Wong Dak Wah, who delivered the court's unanimous judgment, said custodial deaths should not happen in this country and there must be zero tolerance.

"An independent and public inquiry must be held to commensurate the right of the deceased family," he said in affirming the findings of the then High Court judge, Datuk V. T. Singham, last year -Wong, who sat with Datuk Ariff Mohd Yusof and Datuk Mah Weng Kwai, said in this case, the burden was shifted to the family of Kugan to prove their claim in court.

He said the court had to take a proactive role in custodial deaths because there was no independent body to monitor detaining authorities. Singham in his judgment on June 26 last year said there were overwhelming evidence to establish a claim of assault, referring to the nature of injuries which "spoke volumes."

Kugan's mother N. Indra, filed a RM100 million suit against Khalid, then the Selangor police chief, former constable V. Navindran, former Subang Jaya OCPD Assistant Commissioner Zainal Rashid Abu Bakar (deceased), the Inspector-General of Police, and the government.

Khalid was subsequently promoted IGP. Indra alleged that the defendants failed to ensure the safety, health and welfare of her son was while in custody.

She also filed a claim of misfeasance in public office against Khalid which the Court of Appeal agreed. Kugan, then 22, was arrested in Puchong on Jan 14, 2009, and held overnight at the Puchong Jaya police lock-up before police obtained a remand order.

He was taken to the Taipan USJ, Subang Jaya police station two days later for questioning and was found dead on January 20, 2009.

Singham, who has since retired, said Khalid was also liable for misfeasance as he failed to carry his duty required of a senior civil servant.

In allowing the suit, Singham had said the injuries Kugan suffered could not have been done by one person and that the senior officers could not plead ignorance.

Wong, however, allowed Navindran's appeal and ruled that he was not solely responsible for Kugan's death. He then attributed liability at 55% for the death of Kugan against the police, and 45% against Navindran.

The appellate court also set aside the award for false imprisonment which Singham had awarded at RM100,000.

Extortion: Police urge death-in-custody kin to help probe

Police will investigate the claim that personnel from the Cheras district police headquarters had demanded RM300 from the wife of P Chandran prior to his death in their custody, Cheras OCPD Mohan Singh said today.

"We are investigating the matter to verify if the claim is true, and we invite the family to come forward to help identify those they allege made the demand," Mohan said when contacted.

Of the three police reports lodged on Chandran's death and the circumstances surrounding it, he said, only one was lodged in the Cheras police district, at the Pudu police station.

The other two, lodged by the deceased's brother P Gunalan, were made in Simpang Renggam, Johor, and were about incidents that took place under the jurisdiction of the Dang Wangi police district.

"The Kuala Lumpur police will be investigating all claims," Mohan said when asked about the extortion claim stated in a police report lodged by Chandran's brother-in-law, R Rajan Naidu.

In his report, Rajan said Chandran's widow N Selvi told him that police personnel had asked her for RM300 when she sought information on Chandran, when he was still alive.

Police raised money for family

The other two reports were lodged by Gunalan claim that police negligence led to Chandran's death. Police claimed that Chandran died from heart disease and classified it as "sudden death".

The family insists that he was suffering from hypertension, and that police did not allow Selvi to see him and pass his medication to him, resulting in his death on Sept 10.

While the extortion claim will be investigated, Mohan said, he pointed out that Gunalan in one of his police reports acknowleged that police assisted the family in sending Chandran's remains to Simpang Renggam.

"They said they wanted to take the body home on the same day, so we arranged for everything. We even raised RM200 among us to help them as they said they had no money.

"It was a humanitarian act and I don't think there is anything wrong with that," Mohan added.

The family yesterday sent a memorandum to federal police chief Ismail Omar asking for Chandran's death to be investigated.

The have also engaged a lawyer to file a negligence suit against the police and government.

VIDEO|2.20 mins

Source: http://www.malaysiakini.com/news/211520

Police 'extorted' wife of death-in-custody victim

Police asked the wife of death-in-custody victim P Chandran to pay RM300 when she sought information about her husband at the Cheras district police headquarters just before his death.

This is stated in a police report filed by the victim's brother-in-law, R Rajan Naidu.

Rajan says in the report that Chandran's wife, N Selvi, told him a police officer asked her to pay RM300 before disclosing information about her husband.

"She told me that the police officer had sought RM300 for information on her husband, and told her that police were taking him to court," the police report lodged says.

The report says Selvi had to "sleep under a bridge" during the two nights she stayed in Kuala Lumpur to check on Chandran, and to pass him his hypertension medication.
The victim, a lorry driver, and his family which consists of six daughters aged 17 and under, are based in Simpang Renggam, Johor. His youngest daughter is a toddler.

Cover-up suspected as shootout witnesses detained

PKR supreme council member Latheefa Koya said police are suspected of trying to cover up an extra-judiciary killing last week by “harassing” eye-witnesses and the deceased’s friends and relatives.

In a press conference today, Latheefa (right) said that four people who witnessed the fatal shooting of D Dinesh, 26, in Ampang on Aug 21 have been re-arrested and sent to the Sea Park police station after their remand order ceased on Aug 25.

“This is what is called ‘chain smoking remand’ (tukar gari). If the police can’t get an extension of remand, they pass (the suspect) to another set of police... defying the magistrate’s order,” she said.

She added that two of Dinesh’s cousins and four of his friends who visited him while he was in Hospital Ampang were nabbed there, and released last night after four days in remand.

“They were nowhere near the shootout. If (police) did nothing wrong, there is no reason to do this,” she said.

Dinesh died from close range gunshot wounds to the head and arm two days after the shooting, which police claim happened after patrolling officers were attacked with a parang.

Eyewitness: Cops shot unarmed man point blank

Two eyewitnesses of a police shootout in Ampang last week have claimed that plainclothes personnel shot an unarmed man "point blank" and released at least 10 rounds of ammunition indiscriminately.

Entrepreneur D Dinesh, 26, who died two days after he was shot in the wee hours of Aug 21, was not carrying anything when he got out of a white Proton Perdana, said his friend Y Ilavarasen, 24 (right).

He said the Proton had been blocked by an unmarked car at a traffic light near Ampang Waterfront.

"I was a few cars ahead of him and could see him from the back. He wasn't holding anything, Ilavarasen told a press conference called by PKR today.

"(Police) were shooting point blank, up and down. Everyone panicked. The shooting was haywire and there was no warning, neither did they identify themselves as police. They just started shooting, pointing towards people and cars.”

Ilavarasen said he had seen the Proton behind him after he sped off, and thought that Dinesh had escaped unscathed.

AG files appeal on Kugan death acquittal

The Attorney-General's Chambers has filed a notice of appeal against constable V Navindran, who was acquitted on a charge of causing grievous hurt to forklift driver A Kugan, who died in police custody in January 2009.

The notice was filed on Wednesday, Feb 2, five days after Navindran's acquittal by a sessions court in Petaling Jaya.The chamber's Appellate and Trial division head Kamaludin Md Said confirmed this with Malaysiakini today and said his office was awaiting the fixing of a date by the High Court to hear the matter.

Kamaludin had on Jan 28 said the AG's Chambers would file the appeal after getting a full report from its officers.Navindran, 28 , was acquitted on the charge without his defence being called by sessions judge Aslam Zainuddin, who ruled that the prosecution had failed to prove a prima facie case against him.

Kugan's death: RCI only? Home Minister, IGP and AG must go

The Sessions Court acquitted 30 year-old police constable V Navindran for causing the death of A. Kugan who died whilst he was in police custody. The prosecution had failed to establish a prima facie case.Kugan’s family was deeply disappointment with the court verdict but indicated that they would continue to seek justice for Kugan.Initial post-mortem reports stated that the 23 year-old’s death was classified as ‘sudden death’ and that he had water in his lungs. Following a second post mortem examination, his death was reclassified as murder.

Indian community slams gov't over Kugan, fears further victimization

The Indian community has expressed anger and disappointment over a court's acquittal of a police constable charged for causing grievous hurt to Kugan Ananthan, a 22-year old car theft suspect whom a post-mortem report had said died from torture.Compounding their dissatisfaction was the fact that there were witnessess to the beatings meted out by Constable V Navindran to Kugan. Navinrdan had allegedly used a rubber hose even though it was not his duty to interrrogate Kugan.

"The dead cannot speak so it makes it easier to deny Kugan justice. The court ruling came as no surprise and was expected of this justice system. The issue no longer concerns justice but about you are up against and the threat you stand to pose. The more 'dangerous' you are perceived, the slimmer your chance of seeing justice being done," social activist Manohara Subramaniam told Malaysia Chronicle.

Kugan's mom: Give me back my son

PETALING JAYA:  Crushed by the court's decision to free a policeman charged with causing grievous hurt to her deceased son, N Indra broke down in tears at a press conference here.When asked to speak, the 42-year-old housewife could not find the words, and muttered to her lawyer N Surendran amid sobs, “I want my son back... give me back my son.”

Kugan's aunt S Renuga, who was also present, said that the family was saddened by the Session Court's decision to acquit Constable V Navindran this morning.“When his death was highlighted, (Attorney-General) Abdul Gani (Patail) said there were 11 suspects. Now, not even one has been convicted. So where did his injuries come from?” asked the ashen-faced woman, urging the public to support the family’s call for justice.

MIC too wants independent probe into Kugan's death

The MIC today gave its backing to the A. Kugan family's call for an independent probe into the forklift driver's death while in police custody two years ago, after the police constable accused of causing the death was set free this morning.

In fact, the BN component party's information chief S Murugessan said, the acquittal proved the need for an Independent Police Complaints and Misconduct Commission.

Murugessan said in a statement today the number of people brought to book for the "alarming number" of deaths in police custody only showed that the existing system was flawed.

Kugan’s family upset by constable’s acquittal

N. Indra, KuganKUALA LUMPUR, Jan 28 — The family of A.Kugan are deeply disappointed that the man accused of causing his death was acquitted by the Petaling Jaya Session Court this morning.

Judge Aslam Zainuddin found constable V.Navindran not guilty of causing grievous hurt to the 23-year old, since the prosecution failed to establish a prima facie case.Kugan’s aunt, Renuka Subramaniam, told reporters that the family is still seeking for justice over his death.

“We are really not satisfied with the decision. We as Malaysians do not feel safe as we can still die under police custody.“We have been mourning the loss of our son for over two years and today his mother wants to know what has happened him. What we can tell her?” she said while sitting beside Kugan’s mother.
Navindran, 28, was charged for voluntarily causing grievous hurt to extract a confession from the 23-year-old Kugan, who died at the USJ police station lock-up on January 20, 2009.

Cop cleared of hurting Kugan

PETALING JAYA, Jan 28 — The Sessions Court here found police constable V. Navindran today not guilty of causing grievous hurt to A. Kugan when the latter was detained by the police two years ago.

In making his decision, Judge Aslam Zainuddin said the prosecution had failed to establish a prima facie case against the police constable.

Navindran, 28, was charged under Section 331 of the Penal Code which provides for a maximum jail term of 10 years and a fine, upon conviction.He was accused for voluntarily causing grievous hurt to extract a confession from the 23-year-old Kugan, who died at the USJ police station lock-up on January 20, 2009.
He had also pleaded not guilty to two alternative charges of causing hurt to Kugan under Section 330 of the Penal Code. Kugan had then been detained on suspicion of having been involved in car thefts.