New government, but same old police force

Moganambal, on right with her husband Janarthanan

A 7km chase of four people by the police from Batu Caves to Batu Arang in the early hours of last Saturday ended in a shootout, in which three suspected robbers were killed.

The fourth one, a woman, Moganambal Govindasamy, is missing.

The dead are Moganambal’s husband, Janarthanan Vijayaratnam, of Sri Lankan origin who holds a UK permanent resident status and works in the UK, Moganambal’s brother Thavaselvan and their friend Maghendran Santhirasegaran.

While the police are sticking to their version that the three men shot dead were robbers fleeing from the police, the family members might have a different story to tell.

The police under the changed political circumstances must wake up to the idea that the repetition of the old narrative, “there was chase, the robbers shot at the police and the police returned fire resulting in their deaths”, is not acceptable.

The public must know exactly what happened in the Rawang shootings, resulting in the death of two relatives and a friend, and with one woman gone missing.

One of the relatives has claimed that the bodies would not be claimed unless the police can account for the missing woman (Moganambal, on right in photo above, with her husband Janarthanan).

Too many incidents of police shootouts resulting in the deaths of suspected robbers have not gone beyond the testimony of the police.

Other than the versions provided by the police in the shooting incidents, there are no other alternative interpretations as how the so-called robbers met their fate.

Testimonies from family members have been drowned in silence as though they are considered biased and a cover-up of the wrongdoings of their dead relatives.

To date, in the cases of those who died in police shootings, no serious inquiries have been held to ask for police accountability and whether, in the first place, the shootings were justified.

Meanwhile, despite the assurances of the new inspector-general of police, there is no qualitative change in the manner of police operations in the country. Human lives are being lost.

Even with the emergence of the new government and the promise of institutional reforms, some members of the police force are acting with impunity.

Deaths in custody, deaths resulting from police shootouts and other abuses emanating from the uniformed personnel are acts against public interest.

The Batu Arang killings are not the first - and certainly not going to be the last.

But what is important is that the government must initiate a full inquiry to ascertain really what happened.

Were those who were shot dead really robbers or were they merely suspects?

What happened to one of the dead person’s missing wife, Moganambal?

Why would a UK citizen, Janarthanan, who was on a short visit to Malaysia, engage in robbery?

P RAMASAMY is the state assemblyperson for Perai. He is also deputy chief minister II of Penang.

Family of men shot dead by police in Rawang demand answers

Left: G Thavaselvan; Right: S Maghendran

The family of two men shot dead by cops in Batu Arang, Rawang in the early hours of Saturday is demanding answers from police on what had transpired and the fate of the wife of one of the deceased who is now missing.

They said they were puzzled with police's statement that the duo (G Thavaselvan and V Janarthanan), who were in-laws, and their friend (S Maghendran) all of whom police shot dead in the incident, were suspected members of a home invasion gang.

According to Jasminder Kaur, 31, her husband G Thavaselvan, 31, had gone out with his sister G Moganambal, 35, and Moganambal's husband V Janarthanan, 40, and Thavaselvan's friend S Maghendran, 23, the night before to dine at a restaurant in Serdang.

Janarthanan is a Sri Lankan citizen who holds a Malaysian permanent resident status and works in the UK.

He, Moganambal and their three children had been living in Portsmouth and arrived here on Aug 27 to visit a sick relative, according to Jasminder.

Jasminder Kaur

Jasminder said they lodged a missing person report on Saturday when the four failed to return home but learned later on Sunday that the three men had been shot dead.

"I want to get a clear picture of what happened to my husband. Where is my sister-in-law and why was my sister's husband murdered? What am I going to tell their kids?"

Jasminder said that it was unacceptable to be told that her sister-in-law's husband was involved in crime here, claiming that the family was well to do in the UK and had only come here for a visit.

"Until we get justice, and get my sister-in-law back, we won't claim their bodies," said Jasminder when met outside Bukit Aman where she and family members had arrived to lodge another police report on her missing sister-in-law.

Left: V Janarthanan; Right: G Moganambal

Jasminder added that the four had left in a Perodua Alza rented by the visiting family while the vehicle that was reportedly involved in a police chase was a Volkswagen Polo.

She said the Alza the four had used when they went out on Friday evening had been found in Serdang, not far from the restaurant they had gone to that night.

Meanwhile, Janarthanan and Moganambal's eldest son, Logantharan, 17, said he could not believe that his dad had been shot dead by police.

"We heard the news that three men had been shot but I didn't believe it as my dad is not like that. And my mom is still missing. We hope the police will find her. Because we want our mom back.

"We have lost our dad, we have no one else. We got our future in the UK," he said.

The family's lawyer Sivahnanthan Ragava, when contacted, said they wanted the inspector-general of police to look into the matter seriously and provide answers on what had happened to the woman.

He also questioned how Janarthanan and Moganambal had become suspects when they had only come here for a visit after six years.

On Saturday, Selangor police chief Noor Azam Jamaludin held a press conference saying that a team of police officers from the state CID's Serious Crime Division together with Gombak district police had shot dead three suspected robbers during a shootout at Jalan Batu Arang at about 5 am that day.

He said at Bandar Country Homes, the men had refused to stop for checks when ordered to by police and a high-speed chase ensued before the suspects' vehicle went out of control and crashed.

According to Noor Azam, shots were then fired towards the police and the police team returned fire, killing all three. Police also seized two semi-automatic pistols and three parang, among other items.

When contacted, Noor Azam said police would investigate the family's claim regarding the missing woman.

He said police would also want to establish her connection with the suspects.

Detainee hangs himself in Sungai Siput police station

A male detainee was found dead and hanging in a lockup at the Sungai Siput police headquarters yesterday.

Perak deputy police chief Hasnan Hassan said the 39-year-old detainee was found at about 12.10pm while a police officer was carrying out routine patrol at the lockup.

"The detainee was found hanging using the T-shirt supplied to him and an inquiry had been carried out by the coroner from the Sungai Siput Magistrate's Court.

"Based on the autopsy report, the detainee's death was caused by a neck compression due to hanging while no other injury was found," he said in a statement last night.

According to Hasnan, during the incident the detainee, who was arrested on May 2 for a drug offence, was alone in the lockup.

He added that the deceased was remanded from Tuesday until May 16 and had four previous criminal records involving drugs.

- Bernama

Aminulrasyid’s friend did not expect police to fire 15 shots

Defendants lawyer claims Amirulraysid should have stopped the car upon hearing the sirens of the police car.

FMT

SHAH ALAM: A private college student told the High Court here today that he suggested to Aminulrasyid Amzah that he stop his car when they were being chased by a police patrol unit.

Muhamad Azamuddin Omar, 20, testifying in the civil suit filed by Aminulrasyid’s family against Corporal Jenain Subi and four others, said instead his friend continued to drive the car.

When questioned by lawyer Zulkifly Omar who represented Jenain, Muhamad Azamuddin, who at the time of the incident was 15 years old, said: “I suggested that he (Aminulrasyid) stop to discuss (with the police) but he kept quiet and continued to drive the car.”

“If you were the one driving the car and it was being chased (by the police) at that time, would you have stopped?” asked Zulkifly, to which Muhamad Azamuddin answered “probably”.

Muhamad Azamuddin, however, agreed with the suggestion by Senior Federal Counsel Normastura Ayub, who represented the other four defendants, that Aminulrasyid should have stopped the car when he was told to do so, furthermore the police patrol car which chased them had also switched on the police siren.

The witness also agreed with a suggestion by Normastura that the shooting incident happened because of Aminulrasyid’s failure to stop the car.

Aminulrasyid’s mother, Norsiah Mohammad, 66, and his elder sister Nor Azura, 45, as plaintiffs, named Jenain, former Selangor Police Chief Tan Sri Khalid Abu Bakar (now Inspector-General of Police), Shah Alam District Police Chief, the Inspector-General of Police and the Government of Malaysia as defendants.

The plaintiff’s are seeking compensation of almost RM50 million on the grounds that Aminulrasyid’s death was due to gunshot wounds in the head caused by Jenain’s carelessness.

In November 2013, the Appeals Court upheld the High Court’s decision to acquit Jenain from a charge of causing Aminulrasyid’s death while chasing him in Jalan Tarian 11/2, Section 11, here between 1.10 am to 2 am on April 26, 2010.

When acquitting Jenain in 2012, the High Court decided that Jenain had no intentions of causing Aminulrasyid’s death, but shot the car that the 15-year-old was driving, with the intention of stopping it.

Replying to a question from lawyer N.Surendran, who represented Aminulrasyid’s family, Muhamad Azamuddin said he did not expect the police to fire the shots just because his good friend was driving it fast.

He also did not expect the police to fire 15 gunshots towards the Iswara Aeroback car he and Aminulrasyid were in during the incident in the early hours of April 26, 2010.

Muhamad Azamuddin also did not expect the car his friend was driving would be shot at by the police when Aminulrasyid was trying his best to return to his home in Section 11 here.

“Aminulrasyid was driving fast because he was afraid and felt guilty as he had made a big mistake by driving the car without his mother’s permission,” he said.

The hearing before Judge Datuk Ahmad Zaidi Ibrahim continues on May 5 and 15.

-BERNAMA

Aminulrasyid’s mother still seeking justice five years on

5 years on the mother of the teenage boy shot by police, claims her son was brutally and unlawfully killed

FMT

SHAH ALAM: The mother of Aminulrasyid Amzah, the teenage boy who was fatally shot by the police about five years ago, told the High Court here today that she was seeking justice for his son, who she claimed was brutally and unlawfully killed at the age of 15.

In her witness statement, Norsiah Mohammad, 66, said her son had not committed any crime to justify the use of firearms on him.

She was testifying on the first day hearing of a civil suit which she and eldest daughter, Nor Azura, 45, filed against Corporal Jenain Subi, then Selangor Police Chief Tan Sri Khalid Abu Bakar (now Inspector-General of Police) and three others for the boy’s death.

They also named the Shah Alam District Police Chief, the Inspector-General of Police and the government as defendants.

The family is seeking nearly RM50 million in damages for Aminulrasyid’s death, which they claimed was due to Jenain’s negligence.

Jenain was found guilty of causing Aminulrasyid’s death between 1.10am and 2am on April 6, 2010 at Jalan Tarian 11/2, Section 11, Shah Alam.

The boy died of a gunshot wound in the head.

Jenain was convicted and sentenced to five years’ jail in 2011 by the Sessions Court, but on Dec 5, 2012, the Shah Alam High Court acquitted Jenain from the charge of causing the death of Aminulrasyid.

The High Court, in acquitting Jenain, ruled that he did not have the intention to cause Aminulrasyid’s death, but had shot at the car driven by the teenager with an intention to immobilise the vehicle.

Cross-examined by lawyer Zulkifly Omar, representing Jenain, Norsiah said she agreed with the lawyer that despite her son not having committed crime, but his action in running away from the police was an offence.

She also agreed with Zulkifly that Jenain did not know that the car he was chasing was being driven by a child.

When asked what would she do if the car she was driving was stopped by the police, Norsiah said she would stop the car.

The hearing before Judge Datuk Ahmad Zaidi Ibrahim continues tomorrow.

-BERNAMA

Police corporal arrested for killing suspected thief

Police corporal in his 30's shot the victim as a warning for the victim to stop his motorcycle

FMT

ALOR SETAR: A police corporal was arrested for opening fire and killing a man in Kampung Guar Nenas, Gurun, yesterday.

Kedah CID chief ACP Mohd Nashir Ya said in the incident at 1 pm, the Gurun Police Station received a report of a man lying in a bloodstained shirt in a quarry area in Kampung Guar Nenas.

“It was confirmed that a man with no identity card was lying with bloodstain on his shirt and signs of gunshots. There was an overturned motorcycle beside the victim,” he told in a press conference, here today.

Mohd Nashir said the victim, who was unemployed and aged in his 30′s, was sent to the Sungai Petani Hospital and was confirmed dead with gunshot wounds on his body.

After interrogation, the police corporal aged in his 30′s admitted that he shot the victim as a warning for the victim to stop his motorcycle, he said.

The suspect said a day prior to the incident, he had lost his motorcycle at the Gurun Rest and Service Area (R&R) and subsequently, he met a shaman (bomoh) to find out who had stolen his motorcycle, Mohd Nashir said.

“The shaman had told the suspect that he could find the person who stole it at an old factory in Guar Nenas area.

“Then, at 11.15 am the suspect drove a car with his wife and mother-in-law and left them at the roadside while he went to search for his motorcycle at the old factory,” he said.

Moments later, the suspect’s wife called him to say there was a man riding a Honda Ex5 in a suspicious manner trying to approach them (his wife and mother-in-law), Mohd Nashir said.

According to the wife, there was a machete, a set of walkie-talkie and a pink phone in the motorcycle basket.

Mohd Nashir said the suspect, who had served more than 10 years in the police force, was worried about his family’s safety and ran back to the car where he saw the victim trying to flee.

“However, the suspect managed to grab the victim’s shirt but the victim managed to run towards the main road in Kg. Guar Nenas.

“When the victim tried to speed off with the motorcycle, the suspect took out a pistol and fired a shot at the victim but the victim fled the scene,” he said.

Mohd Nashir said the suspect then went back to his office and handed over his pistol, the same pistol that shot the victim.

However, Mohd Nashir said the victim had nothing to do with the lost motorcycle, the suspect would be remanded beginning today, the police had detained him at 7 pm in Sungai Petani yesterday.

The case was being investigated under Section 302 of the Penal Code for murder, Mohd Nashir said.

- BERNAMA

Four deaths in custody in Penang since January

 

The Penang Taskforce on Custodial Deaths is shocked that there have been four deaths in police custody in the state since January, bringing the average to two cases a month.

This number very high, compared with the total number of cases in Penang last year, which was seven,  Deputy Chief Minister II P Ramasamy said today.

Ramasamy said a meeting would be held soon with Penang police chief Abdul Rahim Hanafi, as the current situation was "alarming".

"The situation is disturbing. We can write to the Attorney-General's Chambers or talk to the police, but we don't see a decline in death-in-custody cases.

"We are also not sure of the reasons for the deaths, since the deaths must be accompanied by a coroner's report.

"We are not prepared just to listen to police," Ramasamy told reporters at a press conference in Komtar today.

The DAP Prai assemblyperson said the taskforce met with Abdul Rahim (left) last Thursday, during the state's security meeting with the police.

He said Abdul Rahim has agreed to meet with the Taskforce on Custodial Deaths and the date, time and place of meeting would be decided soon.

State executive council member Jagdeep Singh Deo said the taskforce would also insist that the police provide the coroner's reports on the deaths.

"It is required by law that the coroner probes and issue a report on deaths in custody.

"The taskforce will also step up its awareness and education programmes with NGOs and the police to prevent more of such incidents, as well as push for action be taken on those involved in the deaths," Jagdeep, who is also Dato Keramat assemblyperson, said.

First death involved African national

Ramasamy, Jagdeep and Dr Afif Bahardin are the three state executive council members who are heading the taskforce formed by the Penang government last year to monitor rising cases of custodial deaths in the state.

The four cases this year involved African national Phil Pott, 63, who died in the Penang Hospital (GH) on Jan 18 of alleged heart complications.

Pott was detained in the Penang Prison for drug offences.

The second case involved a man, known only as Fahruz, 28, who also died in the Penang Hospital on Jan 22 from alleged lung infection.

Fahrun, too, was detained in the Penang Prison, for drug offences.

Sharam Hassan, 45, is the third custodial death case in the Penang. He died at the same hospital on on Jan 26, from alleged perforated duodenal ulcer with septic shock.

Sharam was found to have bottle marks on his body, with bruises on his back and abdomen, and is believed to have been physically abused prior to his death.

The fourth custodial death in Penang is that of K Elumalai, 43, who died in the Sungai Bakap Hospital on Feb 18.

He had been sentenced to 10 years in prison for drug-related offences. Elumalai died 20 minutes after he was sent to the hospital and the cause of his death is not known.

Kes Aminulrasyid: Keluarga minta selesai luar mahkamah

Custodial deaths: NGOs demand answers

Suaram and Aliran are demanding police take proactive steps to stop the occurrence of further custodial deaths and to charge guilty officers.

FMT

GEORGE TOWN: Two civil rights groups here want the Penang CPO Senior Deputy Commissioner Abdul Rahim Hanafi to take proactive steps to stop the incidence of police custodial deaths, of which Penang had the highest in 2014.

Suaram and Aliran have claimed that of the 14 deaths in custody that took place across the country last year, nine occurred in Penang.

The NGOs said eight were deaths that occurred directly or indirectly in police lockups, while one occurred in Penang Prison.

In a joint statement, the NGOs said, “Each death is a travesty and tragedy for the persons concerned and their families.

“We have been highlighting the all too regular occurrence of custodial deaths for many years but little seems to have changed.

Yesterday Penang recorded its first custodial death of the year when a 63-year-old African under remand for a drug hearing died at the Penang Hospital due to heart complications.

The statement also said his was the second reported in the country this year, with the first being the death of a 31-year-old Indian man at the Ayer Molek police lockup in Johor.

“The police should be protecting the public; no one should be dying in police stations especially not in contentious circumstances, the statement read, adding, “Enough is enough. It is time to put a stop to this.”

Suaram and Aliran now want the Penang CPO to outline clearly the steps being taken to ensure no further custodial deaths in Penang and to investigate why last year’s deaths occurred.

The organisations also called on the CPO to provide full accounting to the families of the victims and to the public, concerning the circumstances surrounding the victims’ deaths and the steps taken to bring justice to the victims by charging the culprits.

“The Penang CPO should file charges against the police officers who are found to have transgressed their duties and were involved in causing the deaths of those under their protection.

“The CPO must do it immediately without fear or favour as a matter of urgent public interest,” said the NGOs.

Rights group slams Putrajaya over another death in police custody

A human rights group has said that Putrajaya was not serious about curbing abuse of power by the police, following the death of a man in police custody in Johor, less than two weeks into the new year.

Suara Rakyat Malaysia (Suaram) coordinator Tarmizi Anuwar said according to records, the 31-year-old victim had 10 previous convictions related to drug offences.

"On January 7, the victim complained of a stomach ache and was sent to the Sultan Aminah Hospital in Johor Baru for treatment.

"He was returned to the lock-up after being given outpatient treatment at the hospital. The following day, he complained of stomach ache again."

This time round though, the suspect died shortly after arriving at the hospital and police classified his passing as sudden death.

Tarmizi said Johor Criminal Investigation Department chief Datuk Hasnan Hassan had confirmed the suspect's death.

"Although the coroner and pathology report both backed up police's classification of sudden death, but Suaram does not take this issue lightly.

"Both the coroner and pathology report checked the deceased's body at the scene and did not note any sign of external injuries.

"Police should reveal the exact cause of death. The excuse of sudden death is illogical when the deceased had complained of stomach ache."

Tarmizi said sudden death was an excuse which had been used on numerous occasions by police to explain deaths in custody.

"For example, on November 4 last year, the death of Syed Mohd Azlan in Pengerang had also been classified as sudden death.

"However, there were signs of severe injuries on Syed's body. The hospital also later confirmed the cause of death had been due to blunt trauma to Syed's chest."

Tarmizi said for 2014, there had been a total of 14 deaths in police custody which had been recorded by Suaram.

"Deaths in custody are a serious issue as it involved the integrity of the police force," Tarmizi said.

"Police are responsible for guaranteeing the safety and health of suspects in detention. Violence and injuries of any sort should not be permitted against suspects in custody."

Tarmizi said, between 2005 and 2014, a total of 111 deaths in custody had been recorded by Suaram.

"Despite all these case, until today, police have not formed an Independent Police Complaints and Misconduct Commission (IPCMC)."

He said this showed that Putrajaya was not serious in stamping out abuse of power by the police.

Tarmizi said the report by the 2005 royal commission (RCI) chaired by former Chief Justice Tun Mohamed Dzaiddin Abdullah had listed 125 suggestions including the setting up of the IPCMC.

“Most have remained unimplemented and power abuse and police violence still happen today. The people view the police force negatively,” he said. – January 14, 2015.

- See more at: http://www.themalaysianinsider.com/malaysia/article/rights-group-slams-putrajaya-over-another-death-in-police-custody#sthash.ifrm4koT.dpuf

Kes keluarga Aminulrasyid saman polis ditangguh ke 25 Februari

Mahkamah Tinggi Shah Alam hari ini menangguhkan untuk mendengar saman sivil terhadap polis dan kerajaan yang dikemukakan keluarga seorang remaja yang ditembak mati oleh seorang anggota polis lima tahun lepas.

Peguam N Surendran, yang mewakili keluarga itu berkata Hakim Mahkamah Tinggi Datuk Ahmad Zaidi Ibrahim membuat keputusan menangguhkan perbicaran kes itu kepada 25 dan 26 Februari.

Katanya hakim meminta kedua-dua pihak berunding dan menyelesaikan kes itu di luar mahkamah.

"Perbicaraan akan diteruskan sekiranya tiada penyelesaian dicapai antara keluarga Aminulrasyid dan kerajaan berhubung kes ini," katanya.

Plaintif mendakwa kematian Aminulrasyid berpunca daripada kecuaian Koperal Jenain Subi.

Keluarga itu mendakwa polis tidak mempunyai alasan wajar untuk menembak pelajar berusia 15 tahun itu ketika mengejarnya pada awal pagi 26 April 2010.

Pada November 2013, Mahkamah Rayuan mengekalkan keputusan Mahkamah Tinggi membebaskan dan melepaskan Jenain daripada tuduhan menyebabkan kematian Aminulrasyid.

Ketika membebaskan Jenain pada 2012, Mahkamah Tinggi memutuskan Jenain tidak berniat menyebabkan kematian Aminulrasyid, tetapi menembak kereta yang dipandu remaja itu dengan tujuan menghentikannya. – Bernama, 13 Januari, 2014.

- See more at: http://www.themalaysianinsider.com/bahasa/article/kes-keluarga-aminulrasyid-saman-polis-ditangguh-ke-25-februari#sthash.zXqzX4gN.dpuf

'Who caused Dharmendran's death?'

Post-mortem punctures holes in cops' version

 

The post-mortem found that detainee Syed Mohd Azlan Syed Mohamad Nor died due to being hit in the chest with a blunt object and this, according to rights group Suaram, casts aspersion on the police's sudden death claim.

In view of this, Suaram said the police must answer for the bruises and "hole-shaped puncture marks" found on his body as well as bring the policemen "responsible" to justice.

"They cannot run away by classifying Syed Mohd Azlan's death as sudden death," it added in a statement today.

Previously, Johor CID chief Hasnan Hassan alleged that the 25-year-old unemployed youth was a drug addict with a prior criminal record and sustained injuries when resisting arrest.

Suaram questioned how could a "young and healthy person suddenly die after being detained by the police".

Criticising Hasnan, it said the police officer’s explanation "did not make sense" and "lacked integrity" .

Suaram also urged for an inquest to be hed as soon as possible to determine Syed Mohd Azlan's actual cause of death.

"If it is found that any police officer had used force to torture him while he was in custody, then the police officer should be charged and punished over the crime," it added.

Taking the police to task for "hiding" the deceased's death from his family, Suaram said this showed that the police had “something to hide”.

"Syed Mohd Azlan was pronounced dead by the hospital at 7.30am. However, his father was only informed of his death at 1pm," it said.

As for the deceased, who was detained for allegedly possessing a firearm, Suaram pointed out that the police did not find any firearm at the deceased's home.

"The police had confirmed that a struggle occurred between the police and the deceased when detaining him and they were injured in the process.

"This showed that the police were not responsible when they did not provide medical treatment to the deceased although he had suffered an injury," it added.

Suaram then urged for the Independent Police Complaints and Misconduct Commission (IPCMC) to be implemented "so that death in custody cases can be managed in a transparent and just manner".

The family’s lawyer and Puchong MP Gobind Singh Deo was called in by the police today in connection with the case.

Police deny foul play in detainee's death

 

The police have denied allegations that foul play was involved in the death of a 25-year old detainee in Pengerang, Johor recently.

Instead, Johor CID chief Hasnan Hassan said it was sudden death.

Syed Mohd Azlan Syed Mohamad Nur died while being transferred from the Sungai Rengit police station to the Kota Tinggi police headquarters.

The deceased's family yesterday claimed that the unemployed youth's body was covered in bruises and "hole shaped puncture marks".

Hasnan (left), however, alleged that Syed Mohd Azlan was a drug addict with prior criminal records and sustained injuries when resisting arrest.

He was arrested in Kg Simon, Pengerang, at 3.30am on Nov 3, on suspicion of being involved in an armed riot with seven others at Kota Tinggi on Sept 19.

The police believe that Syed Mohd Azlan had brandished a gun during the incident, in which two people were seriously injured.

"When the arrest was being carried out, the deceased (Syed Mohd Azlan) acted aggressively to escape. This caused a struggle between the deceased and the police.

"A police report has been lodged regarding the arrest and the injuries sustained by the deceased and police," Hasnan said in a statement late last night.

Syed Mohd Azlan was then brought to the Sungai Rengit police station for further investigations.

Police then claimed that he had trouble breathing while being transferred to Kota Tinggi, and was rushed to the Bandar Penawar Clinic where he was pronounced dead on arrival.

"A post mortem was carried out at the Sultan Ismail Hospital in Johor Bahru. The investigation has been classified as 'sudden death'," Hasnan said.

Brother: Why wasn't he treated earlier?

Commenting on the police’s response, the deceased’s brother Syed Mohd Shariff  questioned why Syed Mohd Azlan did not get medical attention earlier.

"He (Syed Mohd Azlan) had difficulty breathing since 5am.

"The Sungai Rengit clinic is just a few meters away from the police station. If he was injured, he should have been treated first," he said in text message to Malaysiakini.

The unemployed youth's father, Syed Mohamad Nur Ali, had lodged a police report over the death, and the police said that an investigation would be launched.

The 67-year-old farmer also claimed that when policemen questioned him in connection with his son's arrest, they had threatened him with a gun.

The police are also waiting for the full results of the post-mortem as well as the chemist report, before submitting their investigation report to the deputy public prosecutor.

Questions over mystery death in custody of Johor man linked to firearms

Malay Mail
by JOSEPH SIPALAN

KUALA LUMPUR, Nov 24 — The family of a 25-year-old man in Johor who died while under police custody demanded today the Inspector-General of Police (IGP) Tan Sri Khalid Abu Bakar explain the questionable circumstances leading to the tragedy, highlighting an autopsy report of blunt force as the cause of death.

Lawyer Gobind Singh Deo, who is acting as counsel for the family of Syed Mohd Azlan Syed Mohamed Nur, said the police have not even informed the family as to why the victim was arrested nor did they explain how he ended up in the Kota Tinggi hospital morgue on November 3.

“We don’t know when he was detained or what was the reason. Based on what the father said, it appears to be related to firearms, but there has been no explanation,” he said at a news conference here.

According to the family’s account, Syed Mohd Azlan was last seen when he left their family home in Pengerang, Johor at around 9pm on November 2 to go shopping.

His father, Syed Mohamad Nur Ali, 67, said the police later came banging on his front door at 5am the next day, demanding to be let in to search their house.

Syed Mohamed claimed that no warrant was produced, and was only told after asking officers involved in the raid that they were looking for firearms.

The farmer said he legally owns a shotgun to protect his crops, and that he kept it in a strongbox under lock and key, adding that he owned no other firearms.

Recounting the events of that fateful day, Syed Mohamed said he was also summoned at 6am on November 3 to give a statement at the Sungai Renggit police station, where he believes his son was detained in a meeting room but denied permission to meet him.

It was only later in the afternoon at around 1pm when police told him that his son had died and his body kept at the Kota Tinggi hospital.

Gobind said a post mortem, carried out at the Sultan Ismail Specialist Hospital in Johor Bahru, found that the cause of death was blunt force trauma to the chest.

The Puchong MP for DAP said he will write to Khalid giving him 14 days from today to give a full explanation as to what happened in Syed Mohd Azlan’s case, failing which they will proceed to raise the matter with the Attorney-General (AG) seeking an inquest.

Should they also fail to get the AG to launch an inquest, the family would then have no choice but to file a civil suit against those responsible for Syed Mohd Azlan’s death, he noted.

“The police didn’t even come to meet the father. We will continue to push this until something is done... those responsible must be brought to justice,” Gobind said.

Son dies in custody, dad 'threatened with gun'

Son dies in custody, dad 'threatened with gun'

 

A 25-year-old unemployed youth has died in police custody, and his father suspects foul play due to the bruises and 'hole-like puncture marks' on the body.

The 67-year-old farmer also claimed that when police questioned him in relation to his son's arrest, they had used a gun and a pair of handcuffs to threaten him.

Earlier, Syed Mohamad Nur Ali said a group of policemen had kicked down the door of his house in Pengerang, Johor, in search of a firearm.

He related the ordeal during a press conference with the family’s lawyer, Gobind Singh Deo at the latter's law firm in Kuala Lumpur.

The DAP lawmaker also showed photographs of the deceased Syed Mohd Azlan’s remains to the media.

"I don't mind (his) death, but it's how my son died that grieves me," said Syed Mohamad Nur, who was unable to control his tears.

"My son was not sick, it would have been fine if he passed quickly, (but) the morning (before the arrest) he was having breakfast with me and his brothers," he added, flanked by his wife.

Syed Mohamad Nur said his son, the youngest of five, had left their home at 9pm on Nov 3, saying that he wanted to buy some clothes.

Then at around 5am on Nov 4, policemen arrived at their home, and kicked open the door when Syed Mohamad Nur did not open it.

He claimed that no warrant was shown, and some 10 to 20 policemen searched his house looking for a firearm.

Syed Mohamad Nur has a registered shotgun, which he uses to protect his farm. Police, however, did not seize the shotgun, or any other items before leaving the premise.

'They tried to frighten me'

The father was later called to give a statement at the Sungai Rengit police station at 6am.

However, he was not allowed to meet his son, whom he believed was placed in an adjacent meeting room.

"They slapped (tepuk) me on the chest and on the back, then they slammed a pistol in front of me, slammed handcuffs, to frighten me into confessing.

"But all I had was a registered firearm. So I didn't confess, there was nothing to confess to," he said, adding that he was released around 6.45am.

What transpired next is unclear, but Syed Mohd Azlan was brought to the Kota Tinggi Hospital, where he was pronounced dead at 7.30am.

The cause of death, according to the death certificate, was blunt force trauma.

Syed Mohamad Nur, however, was not informed of his son's passing until about 1pm.

His son's remains were then transferred to the Sultan Ismail Hospital in Johor Bahru for post-mortem, and was buried the following night.

Meanwhile, Gobind demanded that Inspector-General of Police Khalid Abu Bakar provide an explanation regarding the case.

Failing which, the Puchong MP said he would ask Attorney-General Abdul Gani Patail to set-up an inquest.

"Besides that, the family will also consider filing a civil suit against those responsible for the death.

"The law is clear, if someone is hit, that is a criminal offence. The same law applies to the police," he added.

Also at the press conference was DAP’s Kulai MP Teo Nie Ching, who said the holes appeared to be the size of a 10 sen coin.

Dec 4 set for evidence notes’ application by family of custodial death victim

The Court of Appeal will on December 4 hear an application by a custodial death victim’s uncle who is challenging a coroner’s decision not to give the family lawyer notes of evidence in an inquest and not allowing the counsel to make submissions.

Lawyer M. Visvanathan, representing Cheah Ewe Yeow, said he was notified by the court registry today of the hearing date.

Cheah, whose nephew Chin Lee died in police custody in Penang two years ago, last week filed the application together with a certificate of urgency.

"Hopefully, the Court of Appeal will deliver a ruling soon as the inquest has been adjourned to January 14," he said.

Human rights lawyers and activists had voiced their disapproval following coroner L. Umma Devi's ruling on September 26 not to give the notes of evidence and court recordings of the inquest, and also not to allow Visvanathan to make submissions.

Describing her decision as shocking, they said it would have wide implications, as it had reversed the tradition of allowing lawyers holding a watching brief on behalf of the deceased's family and to address the court.

Visvanathan said four legal questions have been framed for the appellate court's approval before the appeal could be heard.

He said the Bar Council had agreed to send its representative to hold a watching brief during the proceedings since it was a public interest case.

Umma Dewi, when delivering her decision, said only the Attorney-General's Chambers was entitled to such documents.

Cheah Yeow, the paternal uncle of Chin Lee, then applied to the Penang High Court for a revision of the coroner's decision.

On November 6 judicial commissioner Datuk Nordin Hassan upheld the coroner's decision, and said it was her discretion to provide copies of the proceedings and to allow Visvanathan to make submissions.

Chin Lee, a furniture shop sales assistant, died while in police custody on August 13, 2012.

He was arrested on suspicion of attempting to steal a motorcycle earlier that day. – November 21, 2014

- See more at: http://www.themalaysianinsider.com/malaysia/article/december-4-set-for-evidence-notes-application-by-family-of-victim#sthash.qAa3htgW.dpuf

Cops acted as executioners, court rules in awarding family RM351,000

The Court of Appeal today awarded RM351,000 in damages to the next-of-kin of a car repossessor who was shot dead by police in 2008.

Judge Datuk Hamid Sultan Abu Backer, who delivered the unanimous judgment, said police could not be executioners and the court had a constitutional duty to deal with "police excesses".

"In this case, the shooting of the deceased by a police team within a space of 10 seconds is not an exercise of spontaneous act of self-defence," Hamid said in allowing the appeal by Abdul Jaafar's widow, Abra Bibi Shahul Hamid and daughter, Norasmira Abdul.

Datuk Linton Albert and Vernon Ong were the other two judges on the bench.

Hamid said the court was mindful of police sacrifices in maintaining law and order but what was reprehensible was the need to be condemned in a fake encounter as in this case.

He said Abdul's shooting was a violation of the right to life as stated under Article 5 (1) of the Federal Constitution.

"It is an unlawful shooting," he added.

The court awarded RM51,000 in dependency claim and another RM300,000 in exemplary damages.

Lawyer V. Rajadevan, who appeared for the appellants, said high exemplary damages were awarded when the court found that acts by civil servants were arbitrary, oppressive and unconstitutional.

Facts revealed that members of the Special Action Squad shot Abdul six times while he was seated in the front passenger seat of a car.

The incident occurred at 8am on September 2, 2008 near a petrol station in Section 13, Shah Alam. Abdul was 45 years old at the time of his death.

The plaintiffs filed a dependency claim in 2009 but the High Court last year dismissed the suit. – October 8, 2014

- See more at: http://www.themalaysianinsider.com/malaysia/article/cops-acted-as-executioners-court-rules-in-awarding-family-rm351000#sthash.QelC8Jbg.dpuf

Penang to meet A-G over custodial death cases

The Penang government will send representatives to meet the Attorney-General to discuss issues surrounding custodial death cases in the state, said Deputy Chief Minister II Dr P.Ramasamy (pic).

He said this today after announcing that the state government had received a letter, dated August 29, from the Attorney-General's Chambers that a meeting would be arranged.

"No date has been set for the appointment. It will be decided later after investigations into the deaths of several detainees in Penang have been completed.

"But, this is a positive development. We thank the A-G for agreeing to meet us," he told pressmen at his Komtar office today.

He said the A-G's consent to meet came after he and Chief Minister Lim Guan Eng sent letters to the Chambers about the deaths in lock-up cases in Penang.

Ramasamy reiterated that the best way to investigate custodial death cases was to have the A-G's Chambers set up a body to probe the incidents independently.

He said the body under the Chambers would be able to do a more objective probe than the police.

Ramasamy, who chairs the state's custodial death taskforce that was set up a few months ago to look into the incidents in Penang, said there were over 10 custodial death cases nationwide to-date.

He said seven cases were from Penang.

On February 10, A. Punniyanathan, 40, died while at the Nibong Tebal lock-up on mainland Penang while J. Kulanthangam, 34, died on February 18 at the Dang Wangi police station in Kuala Lumpur.

Ramasamy Nagu, 50, died at the Bayan Baru centralised lock-up in Penang on March 1.

On March 8, Kamarulnizam Ismail, 39, died in Tapah Prison in Perak, a day after he was sent there from the Seberang Prai Tengah district police headquarters lock-up in Bukit Mertajam, Penang.

Koay Soon Guan, 41, was found dead at the Penang Prison on April 6 and on April 12, odd-job labourer M. Murugan, 37, died at the Seberang Jaya Hospital on mainland Penang while under custody.

Morgan Arjunan, 48, died on April 16 at the Jinjang police station and Rahmat Md Noor, 56, died on April 27 at the Bayan Baru centralised lock-up.

Koh Kheng Soon was found dead on June 6 while being held overnight at the Kuantan police station in Pahang.

S.Agin Raj Naidu, 26, died at the Bukit Mertajam Hospital on June 7 after he was held a few days at the SPT district police headquarters.

Last Sunday, the latest death occurred when Tee Meng Hua, 56, allegedly jumped from the first floor of the Seberang Prai Utara district police headquarters in Kepala Batas, Penang while he was being questioned for a cheating case.

The man, who was handcuffed at the time, died on the spot from severe head injuries.

State police chief Datuk Abdul Rahim Hanafi on Monday said that police inquiry papers have been opened to investigate whether there was negligence on the part of the police officers on duty.

Ramasamy said a taskforce would try to get an appointment with Rahim next week to talk about the latest incident and find out how it happened.

He said Penang viewed such incidents very seriously, with the taskforce aiming to do its part effectively to stop such incidents from recurring although it had no jurisdiction over such matters.

"We want to see zero custodial deaths," he said.

Ramasamy also said following discussions with human rights non-governmental organisations that were concerned about custodial deaths, such as Suara Rakyat Malaysia (Suaram), the taskforce would employ a full-time staff.

He said, the officer, who would be appointed by the state, would handle matters related to such incidents such as collecting information, carry out research and liaise with the families of the deceased.

"I will prepare the paperwork and submit it to the state to hire an officer for this job. Hopefully, we will have someone by January next year.

"We need to have some form of support system for the families too," he added. – October 2, 2014.