“This is an open verdict case as witness testimonies were not enough for a conclusion,” she said.
An open verdict means that the evidence brought before the court could not enable it to determine the cause of death. The court therefore only records the death.
Reading out her decision in the magistrate's court in Kuala Lumpur today, Siti Shakirah said she arrived at the verdict because witnesses who testified on the second post-mortem only stated that the injuries Gunasegaran sustained in custody were "likely" to be the cause of his death.
“The death was caused by one of two things, but I cannot conclude if it was true that the injuries found in the post-mortem were due to beatings,” she said.
The other possible cause of death, she said is the “lethal level” of drugs found in his system in the first post-mortem.
During the inquest, witnesses based at the Sentul police station, where Gunasegaran died on July 16, 2009, testified that they saw Lance Corporal Mohd Faizal Mat Taib kick the deceased, but did not do anything to stop their colleague.
In his submission, M Visvanathan, the lawyer for the deceased's family, argued that Gunasegaran died from injuries sustained by being kicked in the chest by Mohd Faizal, not from a drug overdose as claimed by deputy public prosecutor Shashitah Mohamad Hanifa.
Visvanathan (left) also submitted that there was a “conspiracy” by certain quarters to conceal the truth, by using post-mortem photographs that were insufficient to show a wound measuring 28cm x 8cm x 5cm, which was recorded in the second post-mortem.
The second post-mortem could not conclusively prove cause of death as the body was not preserved properly, he submitted.
He also agreed with Shashitah's submission that the police officers were lax in discharging their duties, and failed to lodge a report on the death even to this day.
A report on Gunasegaran's arrest was only lodged after he was pronounced dead. Conflicts of interest also exist, the lawyer said, since as the officers investigating this death-in-custody case were also from the Sentul police station.
Review to be filed at High Court
Speaking to reporters later, Visvanathan said that a review would be filed in the High Court.
“There are witnesses who positively identified (the person) who made the assault.
“How is it possible for the man who was identified to walk out as a free man?” he asked.
The deceased's sister R Ganga Gowri, who was in tears after the verdict was announced, also expressed her disappointment with the system of justice.
Visvanathan (left) also submitted that there was a “conspiracy” by certain quarters to conceal the truth, by using post-mortem photographs that were insufficient to show a wound measuring 28cm x 8cm x 5cm, which was recorded in the second post-mortem.The second post-mortem could not conclusively prove cause of death as the body was not preserved properly, he submitted.
He also agreed with Shashitah's submission that the police officers were lax in discharging their duties, and failed to lodge a report on the death even to this day.
A report on Gunasegaran's arrest was only lodged after he was pronounced dead. Conflicts of interest also exist, the lawyer said, since as the officers investigating this death-in-custody case were also from the Sentul police station.
Review to be filed at High Court
Speaking to reporters later, Visvanathan said that a review would be filed in the High Court.
“There are witnesses who positively identified (the person) who made the assault.
“How is it possible for the man who was identified to walk out as a free man?” he asked.
The deceased's sister R Ganga Gowri, who was in tears after the verdict was announced, also expressed her disappointment with the system of justice.
“The truth is, my brother died in custody due to the injuries. He died for nothing,” she said.
Ganga Gowri (right in picture) said she would this afternoon lodge a report against the police on duty at the Sentul station for not reporting Gunasegaran's death until today.
Ganga Gowri (right in picture) said she would this afternoon lodge a report against the police on duty at the Sentul station for not reporting Gunasegaran's death until today. She also wants to cite them for ignoring the testimonies of witnesses who said her brother was assaulted, and for their failure to stop the assault.
A police report will also be lodged against Hospital Kuala Lumpur for mismanagement of her brother's body, causing it to rot.
The pathologist in the second post-mortem testified that he could have come to a conclusion on the cause of death if the body was in a better state.
“The body had decomposed to the extent that brain matters had turned fluid and had to be moved into a pail,” Visvanathan said.
Gunasegaran's killing is only one of many deaths in police custody cases, which the Bar Council to estimate to average of one police custody death case every day.
In July 2009, the Dewan Rakyat was told that some 2,029 detainees died in prisons, rehabilitation centres and immigration detention centres between 2002 and June 1, 2009.
A police report will also be lodged against Hospital Kuala Lumpur for mismanagement of her brother's body, causing it to rot.
The pathologist in the second post-mortem testified that he could have come to a conclusion on the cause of death if the body was in a better state.
“The body had decomposed to the extent that brain matters had turned fluid and had to be moved into a pail,” Visvanathan said.
Gunasegaran's killing is only one of many deaths in police custody cases, which the Bar Council to estimate to average of one police custody death case every day.
In July 2009, the Dewan Rakyat was told that some 2,029 detainees died in prisons, rehabilitation centres and immigration detention centres between 2002 and June 1, 2009.
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