‘I saw Kugan being hit’

The Star
By M. MAGESWARI

KUALA LUMPUR: A policeman told the High Court here he saw a former constable beating suspected car thief A. Kugan but did not record it in the station diary.

Mohd Haizan Hamid, 30, admitted that he made a mistake in not recording the alleged incident but told the court he had no intention of covering up the matter.

The incident allegedly took place at the Taipan police station in Subang Jaya on Jan 16, 2009.

“I did not record it in the station diary as Kugan told me he was in good condition when I asked him (about the alleged assault),” said Mohd Haizan, who is currently attached with the escort branch of Kajang magistrate’s court.

He was testifying in a RM100mil civil suit filed by Kugan’s mother N. Indra against the police and the Government over the death of her son in police custody.

Indra, 46, named Deputy Inspector-General of Police Tan Sri Khalid Abu Bakar, former constable V. Navindran, late Subang Jaya OCPD Asst Comm Zainal Rashid Abu Bakar, the Inspector-General of Police and the Government as defendants.

She filed the suit on Jan 13 last year, seeking damages over negligence, assault, false imprisonment and misfeasance of public office as well as breach of statutory duties.

Navindran is appealing against a three-year jail term imposed in June last year by the Shah Alam Sessions Court for causing hurt to Kugan.

Questioned by Senior Federal Counsel Azizan Md Arshad, Mohd Haizan said he and another policeman, only named as “James”, were in the interrogation room with Kugan from 4am to 8am on Jan 16, 2009.

He said Navindran came into the room at about 7am and talked to Kugan.

Mohd Haizan said shortly after he and James left, they heard loud voices and returned to the room to see what was happening.

He said he saw Kugan, in handcuffs, warding off the beatings by the constable.

“We pulled Navindran out of the room,” he said.

Questioned by Navindran’s counsel R. Ramesh Sivakumar, he said Navindran had gone to meet Kugan on his own.

“I thought Navindran was replacing my shift,” added Mohd Haizan, admitting he had not lodged a police report that he had witnessed Navindran beating Kugan.

Questioned by Indra’s lawyer R.L. Bani Prakash, Mohd Haizan agreed Kugan would not have 45 injuries on his body if he was said to be in a good condition while being under police custody.

High Court judge Justice V.T. Singham set Feb 28 to give directive on submissions after the police and government closed their case yesterday.