"Navindran Vivekanandan will be charged under section 331 of the Penal Code for voluntarily causing grievous hurt to extort confession from the deceased and alternatively section 330 for voluntarily causing hurt to extort confession from the deceased," he said in a press statement released late this evening.
"I have instructed that he be charged at the Petaling Jaya Sessions Court," he added.Malaysiakini reported two days ago that at least one policeman was expected to be hauled to court on Tuesday over Kugan's death.
However, reporters who were waiting as early as 8am outside the court found out later that the case was put off.
According to Abdul Gani, out of 92 witnesses questioned by the police, four identified Navindran as the one who had caused injuries to the deceased on two different occasions.
"On both occasions, the suspect was said to have beaten the deceased with a rubber hose and four days later Kugan met his death," he said.
The attorney-general added that Kugan had assisted the police in their investigation into the theft of luxury cars by taking them to four locations on four different days.
Why suspect not charged for alleged murder
Abdul Gani also took pains to explain why Navindran could not be charged for murder but a lesser charge of causing hurt.
"There is no evidence that the deceased suffered an instant death. Instead, the deceased died four days after the alleged beating. Therefore, there was a wide gap in between and a charge of murder could not be preferred against the suspect.
"The finding of the medical report did not show that the deceased died due to the injuries suffered by him. But it was the result of acute myocarditis, a viral infection of the heart," he said.
Kugan died on Jan 20 at the USJ Taipan police station, five days after he was arrested.
His family has accused the police of foul play.
Two post-mortem examinations were conducted. The second of revealed that Kugan had been beaten, burnt and starved prior to his death.
Concerned groups have long complained about the lack of action in the case, which exploded into a national issue after a video recording revealed severe lacerations on Kugan's body.
AG explains the delay
In his three-page statement, the country's top legal officer also elaborated at length why it took him eight months to initiate action.
He said that two committees were formed to probe Kugan's death - one set up by health director-general Dr Ismail Merican and the other by the Malaysian Medical Council.
The first committee comprised of both local and foreign doctors had conducted an in-depth study of the two conflicting post-mortem reports and submitted its final report on March 26.
However, the second committee has yet to complete its investigation following a number of postponements.
Abdul Gani also said that arising from the first committee's report, the police obtained a search warrant and seized specimens and documents from the pathologist who did the second post-mortem.
"These specimens were sent to the Chemistry Department and Institute for Medical Research for analysis and the results of the analysis have been obtained," he added.
Pressured by family's appeal to king
However, the attorney-general said the case was complicated by Kugan's mother N Indra, who had applied to the court for the return of the specimens.
"Prior to this, I had already decided to charge the police personnel responsible for the injuries sustained by the deceased.
"However, it is important for me to point out that because of these two pending hearings - one before the second committee and another before the High Court - I have taken the liberty to postpone the preferment of the charge as I was the view that all these matters should be resolved first and the family members be assured of a full and fair investigation," he added.
Abdul Gani revealed that he decided to proceed with the charge after Kugan's family members and a number of parliamentarians went to Istana Negara last Saturday seeking to submit a memorandum to the king complaining about the delay.
"As the second committee has postponed its hearing to Oct 9, and will in turn prolong this matter, I decided not to delay this any further," he said.
Abdul Gani added that should the second committee come up with different findings, he will consider whether to "prefer heavier charges or otherwise."
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