Kugan Anathan's mother suffered a setback today when the High Court allowed a preliminary objection by the government against returning the post-mortem samples which police had confiscated from the Universiti Malaya Medical Centre (UMMC).
Judge Ghazali Cha allowed the preliminary objection by the police on a technicality when he ruled that the application should not have been filed via a notice of motion.
Lawyer N Surendran said they can appeal against today's decision. "The decision today will not stop us in seeking the samples."
N Indra is seeking the return of his son's post-mortem samples, including bodily fluids and tissue samples, photographs, documents and other materials relating to the post-mortem done by a UMMC pathologist.
Kugan, 22, who was detained in January for alleged involvement in car theft, died after five days in police custody.
His family had rejected the initial post-mortem conducted by Dr Abdul Karim Tajuddin of Serdang Hospital, which stated that the Kugan had died from “fluid accumulation” in his lungs.
A second autopsy was done at UMMC at the request of the family, after which pathologist Dr Prashant N Sambekar Prashant concluded that Kugan was severely beaten resulting in kidney failure and death.
Judge Ghazali Cha allowed the preliminary objection by the police on a technicality when he ruled that the application should not have been filed via a notice of motion.
Lawyer N Surendran said they can appeal against today's decision. "The decision today will not stop us in seeking the samples."
N Indra is seeking the return of his son's post-mortem samples, including bodily fluids and tissue samples, photographs, documents and other materials relating to the post-mortem done by a UMMC pathologist.
Kugan, 22, who was detained in January for alleged involvement in car theft, died after five days in police custody.
His family had rejected the initial post-mortem conducted by Dr Abdul Karim Tajuddin of Serdang Hospital, which stated that the Kugan had died from “fluid accumulation” in his lungs.
A second autopsy was done at UMMC at the request of the family, after which pathologist Dr Prashant N Sambekar Prashant concluded that Kugan was severely beaten resulting in kidney failure and death.
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