DEATH IN CUSTODY - THE KUGAN VERDICT

7/28/2019 DEATH IN CUSTODY - THE KUGAN VERDICT

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IGP responsible for Kugans death in police custody,

court rules

By Rita Jong

June 26, 2013

Malaysia's national police chief was responsible for the death of detainee A. Kugan who

was physically tortured during interrogation by police four years ago, the Kuala Lumpur

High Court ruled today in a civil suit.

High Court judge Datuk V. T. Singham said Inspector-General of Police Tan Sri Khalid

Abu Bakar, who was then the Selangor police chief, is liable to misfeasance in the case.

The judge's decision is expected to open the floodgates to possibly many other civil suits

against the police.

Singham, in allowing the negligence suit, said he also believed that the injuries Kugan

suffered could not have been done by one officer and that the senior officers cannot plead

ignorance.

"This court also finds several glaring material contradictions between Khalid and other

witnesses in respect to the investigation into the death of the deceased," he said.

"No person in any position or rank, when testifying in court, should take this court for

granted and attempt to suppress the truth to escape liability."

Singham commended human rights lawyer N. Surendran who brought up this case andhelped pursue a second postmortem which later showed abuse.

"If not for him, this matter would have been swept under the carpet." Singham awarded

Kugan's mother, N. Indra, RM851,700 in assault and battery, false imprisonment,

misfeasance, and pain and suffering damages.

Kugan's family has filed a RM100 million claim against the police and the government,

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but specifically against Khalid, alleging that he tried to cover up the cause of death.

She also named interrogating officer, former constable V. Navindran, as a defendant,among others. The mother alleged that the defendants failed to ensure the safety, health

and welfare of Kugan while he was in custody.

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.

Set up IPCMC now, urges High Court judge

Koh Jun Lin2:07PM Jun 26, 2013Malaysiakini

Kuala Lumpur High Court Judge VT Singham has backed the proposal to form the IndependentPolice Complaints and Misconduct Commission (IPCMC) immediately, noting an increase incases of death in custody.

"The recommendation of the royal commission of inquiry (RCI) must not be kept in cold storageand allowed to freeze.

"It must be activated as soon as possible in order to assure all concerned members of society,including family members of deceased persons, that an independent agency is looking into thematter without any influence from the local police officers," Singham said.

The judge said in that even if the police investigated such deaths dutifully, it would still lackcredibility.

azlanHe said this while reading out his two-hour long judgment on the civil suit against thegovernment brought by the family of custodial death victim A Kugan (left). However, thisobservation is not legally binding.

Speaking to reporters later outside the courtroom, Padang Serai MP N Surendran said he wouldraise the issue in parliament and seek Home Minister Zahid Hamidi's response on the issue.

Earlier today, Zahid told the Parliament that the Enforcement Agency Integrity Commission(EAIC) is the government's response to the RCI's recommendation.

"In delivering judgments in public interest cases, judges often take a view on things that ought tobe remedied, and that kind of view should be given close attention and weight by the authorities,particularly the government.

"This view carries great weight, because it is from an independent judge in the High Court. Thegovernment should immediately pay attention to it," said Surendran, who had also testified for thecase's plaintiff, Indra Nallathamby.'Cover-up attempted'On another issue, the judge found that the police had attempted to cover up Kugan's true causeof death.

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NONEAt this juncture, Singam commended Surendran's (right) efforts to arrange a second postmortem for Kugan, or and the truth would have been swept under the blue carpet'.

He said the second defendant, then constable V Navindran, could not have singlehandedlyinflicted 44 injuries on Kugan in a single incident on Jan 16, 2009.

Instead, it must have occurred throughout the course of his detention involving several policeofficers, and Navindran's testimony that he had been made a scapegoat should not be takenlightly.

In addition, he said the police station's daily log could not have recorded that Kugan was fine'despite at least one officer witnessing the beatings, without the knowledge of his superiors, notingthat there was no disciplinary action against him.

"In the circumstances, on the factual matrix of the present case, this court is not persuaded thatthere is no cover up on the cause of the deceased's death.

"There is a chain of evidence to draw inference on the balance of probabilities that it was not onlythe second defendant who inflicted grievous injuries on the deceased," the judge said.

Singham also dismissed then Selangor police chief (now inspector-general of police) Khalid AbuBakar's (left) claims that there was no cover up.

"If the first defendant (Khalid) is genuinely intended to be transparent in his actions and there wasno cover-up, as he seems to be repeatedly saying in the media, surely he should be the firstperson to initiate detailed investigations to inquire into the deceased's death, and not wait untilthe plaintiff lodges a police report," he said.

In addition, among others, the judge took issue to the Khalid's move to unilaterally' openinvestigations under Section 330 of the penal code (causing hurt to extort a confession) althoughit should have been investigated under Section 302 (murder) or at least Section 304(manslaughter).

He also questioned Khalid for not correcting his initial statements that Kugan had died ofpulmonary edema (fluid accumulation in lungs), despite a second post mortem revealing thatKugan had died of a kidney failure caused by the injuries from his beatings.

However, the judge repeatedly stressed that his judgement should not be construed as anindictment against the entire police force.

It was only the defendants and several others who are on trial, not the force, which still hasdiligent police officers, he said.

Speaking to reporters later, Surendran said the judgement makes Khalid's position as IGPuntenable'.

"If he had any sense of shame, he would resign immediately as a consequence of this judgement,although I don't think he would," he said.

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Kugan case: IGP must quit, say Opposition MPs

By Elizabeth Zachariah and Rita Jong

June 26, 2013

Just hours after the Kuala Lumpur High Court's damning verdict against the Inspector-

General of Police, calls for his removal have begun to gain momentum.

Earlier today, High Court judge Datuk V. T. Singham held IGP Tan Sri Khalid AbuBakar responsible for the death of detainee A. Kugan.

The judge accused Khalid, who at the time was Selangor police chief, and his men of

trying to supress the truth to escape liability.

Leading the call for his removal was PKR vice-president N. Surendran who said Khalid's

position as the nations top cop was untenable.

"The judgment is a damning indictment of the police force and Khalid personally. He has

no alternative but to resign," said Surendran, adding that the government must investigate

the cover-up and take immediate action against Khalid.

PKR youth chief Shamsul Iskandar Mohd Akin was more biting in his comment when hesaid Khalid had caused irreparable damage to the police.

"This incident has eroded the confidence of the police force. He must take responsibility

and shoulder the blame," Shamsul said, adding that the Home Minister must order Khalid

to resign.

Opposition leader Datuk Seri Anwar Ibrahim urged Home Minister Datuk Seri Ahmad

Zahid Hamidi to act on his word.

Zahid told Parliament this morning that they will act against any police officer,

irrespective of his rank, if they are involved in custodial deaths.

"I ask that the minister keep his word. He was rather strong and affirmative about that,said Anwar.

"He gave us his assurance. Let us see if he will take action or not." DAP's nationaladviser Lim Kit Siang said the court's decision just showed how urgent it was to set up

the Independent Police Complaints and Misconduct Commission (IPCMC).

"The spate of deaths in custody must stop. But this is a victory too. Someone has been

held responsible," Lim said.

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The party's secretary-general Lim Guan Eng said Khalid will have to give a full account

of what happened to Kugan.

"He must come clean on the details. That is what the family wants," he said, adding thatKhalid and Zahid should also issue a public apology to Kugan's family. - June 26, 2013.

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He said the court found several glaring material contradictions between the defendants'

testimonies on the investigations into Kugan's death.

He also said the officer at the Taipan police station where Kugan was held had also made

entries in the station diary with the standard phrase "suspect in good condition", musthave been made with the knowledge or instructions by the officers in charge at the police

station.

"These entries have been found to be inconsistent and flies in the face of the injuries

found on the postmortem reports," the judge said.

"The torturous act by Navindran was condoned by the officers in charge. These injuriescould not have been inflicted by Navindran alone. They were over a period of time, over

a series of assault and battery by officers who had access to Kugan.

He said Navindran had assaulted Kugan in his scope of duty to gain a confession for thebenefit of his superiors.

Singham also rapped the investigating officer for abusing the remand order issued against

Kugan and said his action was tantamount to contempt of court.

"No doubt, the warrant of arrest was issued against Kugan by the Petaling Jaya magistrate

under a lawful purpose but this order was abused by the investigating officer. The order

clearly stated that Kugan was to be detained at the Petaling Jaya police station but he was

instead detained at Taipan with no gazetted lock-up," he said.

"Police lock-ups and police stations must be a safe place for every human being and

should not be turned into a crime scene. The police must regain the public's respect andtheir interrogation approach must change in accordance with the times. They must step

out of their brutality.

"They should investigate criminals and not turn themselves into criminals."

Singham also said there was an urgent need to consider implementing the proposed

Independent Police

Complaints and Misconduct Commission (IPCMC) for police reform due to the sharp rise

in torture and death in custody cases.

Recommendations of the Royal Commission, he said, should not be kept in cold storage.

"It must be acted upon immediately so that the victim's family can be assured that the

commission was looking into it," he said.

"The setting up of IPCMC would be of public good and money well spent to eliminate

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After the court had adjourned, tears were seen flowing from Indras eyes, but she declined tospeak to the press. PKR vice-president N Surendran (right in photo), who was also a witness forIndra, said she was too emotional to speak.

Despite the victory, this is still a small consolation for the family. Why? Because the culprits whomurdered Kugan are still walking free in this country.

For this family to have closure, the culprits who did this act must be brought to justice, he said.

He was referring to Navindran, who was charged with causing grievous harm and is out on bail,and others who are believed to be still at large.

Countdown to Kugan verdict, top cop in focus By Rita Jong

June 26, 2013

Malaysians wake up today to what is likely to be a landmark verdict on a court case that

has riveted public attention for four years now.

No less than the top cop in the country, the Inspector General of Police himself, is underthe spotlight.

High Court judge Datuk V.T. Singham delivers his judgment today on the negligence suit

by the family of A. Kugan, who died while in police custody in 2009.

Tan Sri Khalid Abu Bakar, who was then the Selangor police chief, received much heatafter he was accused of a "cover up" in the death in custody case.

During the civil trial, the judge had said Khalid should have held a press conference to

clarify matters surrounding Kugan's death. Khalid had, in the first press conference, said

Kugan died because of water in his lungs. But a second postmortem revealed that Kugan,22, was beaten severely, starved in prison and died of kidney failure.

The court also heard that Khalid did not hold another press conference to clarify this. Nor

did he recommend an inquest. There was also no internal inquiry by the police.

Kugan's family has filed an RM100 million claim against the police and the government,but specifically against Khalid, alleging that he tried to cover up the cause of Kugan's

death.

Kugans mother, N. Indra, named one of the victims interrogating officers, former

constable V. Navindran, as a defendant, among others. The mother alleged that thedefendants failed to ensure the safety, health and welfare of Kugan while he was in police

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custody. 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 brought to the Taipan USJ, Subang Jaya police station two days later forquestioning, but was found dead another four days later.

Navindran was the only one held responsible for Kugan's death. He was convicted and

sentenced to three years' jail. He is appealing his conviction.

In the civil suit, Navindran claimed he was only a scapegoat and alleged that there were

12 others involved in Kugan's interrogation. Ten witnesses testified in the trial beforeJudge Singham.

There have been 122 cases of deaths in police custody in the past 10 years by the polices

own account. But opposition figures have charged that there has been nearly double that

number of deaths in the past two-and-half years alone, giving this figure as 211.So

Kugans case has touched a raw nerve in the country and the case is expected to bewatched closely today by concerned Malaysians. - June 26, 2013.

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Kes Kugan: Kerajaan, polis diarah bayar

RM751,700

Harakahdaily, 26 Jun 2013

KUALA LUMPUR: Mahkamah Tinggi Kuala Lumpur mengarahkan kerajan dan Polis

DiRaja Malaysia membayar membayar ganti rugi RM751,700 kepada keluarga mendiang

A Kugan yang mati dalam lokap polis Subang Jaya pada 2009.

Mahkamah juga turut mengarahkan responden membayar RM50,000 lagi untuk kos lain.

Pada tahun lalu, keluarga A Kugan memfailkan saman sivil untuk menuntut kerugianRM100 juta dari kerajaan dan polis yang didakwanya melakukan "pembunuhan kejam"

terhadap mendiang.

Beliau menamakan Ketua Polis Negara, Tan Sri Khalid Abu Bakar (ketika itu ketua polis

Selangor), pegawai polis Navindran Vivekanandan, Ketua polis Subang Jaya ketika itu,

Zainal Rashid Abu Bakar (kini meninggal dunia), dan kerajaan Malaysia sebagaidefendan.

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http://bm.harakahdaily.net/index.php/berita-utama/20329-kes-kugan-kerajaan-polis-diarah-bayar-rm751700http://bm.harakahdaily.net/index.php/berita-utama/20329-kes-kugan-kerajaan-polis-diarah-bayar-rm751700http://bm.harakahdaily.net/index.php/berita-utama/20329-kes-kugan-kerajaan-polis-diarah-bayar-rm751700http://bm.harakahdaily.net/index.php/berita-utama/20329-kes-kugan-kerajaan-polis-diarah-bayar-rm751700


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Stop ruling out foul play in lock-up deaths, rights

groups tell cops

BY CLARA CHOOI

ASSISTANT NEWS EDITORJune 10, 2013

File photo of family and friends of Dharmendran grieving at his funeral in Kuala Lumpurlast month.KUALA LUMPUR, June 10 Several civil rights groups today demanded

that the police stop prematurely ruling out foul play in custodial death cases, remindingthe force that it is required by law to hold an inquiry to investigate such incidents.

The Stop State Violence Movement (SSVM), an umbrella body comprising 29 rights

groups, pointed out in a statement here that in the case of 32-year-old N. Dharmendran,

the police had at first claimed the detainee died of breathing difficulties.

But the claim turned out to be false later after a post-mortem showed that the man diedafter he was badly beaten up by the police while in the lock-up.

The Stop State Violence Movement would like to remind the police force not to

speculate any information to the public as this could be misleading, the movement said.

It was responding to the latest lock-up death of Nobuhiro Matsushita, a 33-year-oldJapanese man who was found hanged in his cell at the USJ 8 police lock-up in Subang

Jaya at 4am on Saturday.

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In an immediate response, Selangor deputy police chief Datuk A. Thaiveegan appeared to

rule out foul play, saying that an initial probe turned up no evidence of this.

An autopsy report issued by the University Malaya Medical Centre found that thesuspect died as a result of hanging and that there were no injuries on his body, he was

quoted as saying by national news agency Bernama.

But SSVM noted that KL CID chief SAC Datuk Ku Chin Wah had made a similar claim

when Dharmendran was found dead recently.

Since then, however, three policemen have been charged in court with murdering the 32-year-old.

Please stop speculating and assist for the rule of law to take place, SSVM said.

In accordance with the Criminal Procedure Code (CPC), section 334 clearly states that a

magistrate shall in the case of a death in the custody of the police hold an inquiry into thecause of death, it added.

The movement also labelled Subang Jaya police stations as the killing ground for

suspected criminals, noting that in the USJ 8 lock-up alone two deaths have already

occurred this year.

Apart from Matsushita, detainee Chan Chin Te died in the same lock-up on January 14.

On January 20, 2009, A. Kugan died in the Taipan police station, also in Subang Jaya.

Apart from Subang Jaya, SSVM also singled out the Dang Wangi police station asanother location where many suspects breathed their last.

Listing them out, the movement said detainees P. Chandran, Wong Tip Ping andNagarajan died in Dang Wangi on September 10, November 29 and December 24

respectively.

The Stop State Violence Movement demands an immediate end to these serious human

rights violations.

The failure to ensure effective mechanisms to hold the Malaysian police accountable

highlights a serious lack of political will by the government to take genuine steps toreform the police force in this country, the movement said.

It also repeated demands for the setting up of the Independent Police Complaints and

Misconduct Commission (IPCMC), which the government appeared to shoot down lastweek.

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DEATH IN CUSTODY - THE KUGAN VERDICT

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