Hindraf’s P.Uthayakumar fights and wins unprecedented judgment for Malay in police custody death

Victim – Mohd Anuar bin Sharip

Case – K.L High Court Civil Suit (SI-21-61-2000)

Place & date of death – Police lock up in Rawang – 19.8.1999

Date of Judgment – 20.10.2009

Lawyer for victim – P. Uthayakumar of HINDRAF/HRP

Judgment – see annexed document.

After 10 years of waging a war against death in police custody, P. Uthayakumar, the counsel for Anuar Sharip was able to obtain a judgment in favor of a Malay, irrespective of what most would brush aside and state that it is one off for the much maligned human rights lawyer, in his cause against death in police custody.

Anuar was a PKR member died after ten days in detention. His wife, Suzana Aris, an oppressed Malay who works as a cleaner, and son, wanted justice and approached P. Uthayakumar who took up the case on a pro bono basis. That Anuar was a PKR member did not deter Hindraf as an injustice is an injustice, and that they will fight for justice for all Malaysians.

It is an unprecedented case and it took a good ten years for a lawyer who have been subjected to such criticism for his battle in highlighting police custody deaths, Indian issues and dilemma on the basis of racism, yet here he battled for a Malay and his family.

Over the ten years that this case lasted, the Suzana Aris attended all court hearings, the 7 year old son has grown up and is now 17 years old, and the grandmother unfortunately passed away without seeing that justice has been obtained.

Over the years too the wife has become an exemplary victim of oppression, and attended several Hindraf protests and court hearings of Indians killed in custody to show her support. Today Anuar’s family is thankful that there was someone who she could turn to when in need when all others shunned her!

In fact this is the very first police custody death case handled by P. Uthayakumar. No Malay lawyer, PKR lawyer or NGO took up this case. We have to ask why! The family approached Hindraf as a last resort since there were no takers.

The second custody death case taken up by Hindraf was the second post mortem of Ho Kwai See, a coconut seller, who died after 8 days in detention. We have to ask, has been been any Malay or Chinese lawyers who took up case of Indians who died in police custody? Who is the racist now?

And this case is also unprecedented in the fact that for the very first time the courts have awarded compensation for the police custody death, setting a precedent. Syabas to the judge!

Only now over the last couple of years everyone has been so gung ho about deaths in custody, became self reflective on the sliding scale of the institutional governance, yet it continues to serve only as “kopi kedai” gossip, as deaths at present are of the worthless Malaysian Indians with their branding as gangster, kaki botol, vagrant and any negative connotation possible that can be justified within our purported multicultural society.

Whenever an Indian issue is raised it is classified as racist and not as a community issue, even when it is the truth and reality. Indian issues are ‘parochial and racist issues’ whereas Malay and Chinese issues are ‘national issues’ warranting continuous coverage by the media and politicians alike. Arguments and petty justification such as why only Indians and not other races is a mundane affair if one cannot recognize the reality for the Malaysian Indians in the ground, and spelling out those facts would be an insult to a common Malaysian.

The tenacity and arduous battle that started over 10 years against an oppressive government is above race, religion or color as seen above but rather depicts that the battle is fought for the truth and unfortunately it just appears that that someone have to fight for the poor and poverty stricken Malaysian Indians as there is no one there to fight for them other than for a political will as seen by both the UMNO government and the opposition.

R. Shan

(Human Being)