No reports filed by cops on Kugan’s injuries

No reports were lodged on any injuries sustained by A Kugan throughout his detention, said Taipan USJ D9 chief Rodney Pasla Harris.

Cross-examined by defence lawyer PM Nagarajan, he said it was the supervising officer’s duty to report to the officer in charge if any such incident took place.

“The supervisor will then need to report the matter to higher officials,” Rodney said in the Petaling Jaya Sessions Court this morning.

During re-examination by deputy public prosecutor Abazafree Mohd Abbas, he reiterated that no such reports were made in Kugan’s case.

Higher official

He named Inspector Faezal Munir as the officer in charge and Subang Jaya Criminal Investigations Department (CID) chief Lim Meng Siah as the higher official in this case.

He agreed with the defence’s contention that one could assume that no injuries were sustained by Kugan because no reports were lodged.

As such, he said, the CID chief assumed that no injuries were sustained even if they had occurred.

Rodney was testifying in a trial against his subordinate, Constable V Navindran, who is being tried on two counts of causing “grievous hurt” to Kugan (right) between 7am and 4pm on Jan 16, 2009, while trying to extract a confession or extract any information to secure a conviction.

Alternatively, Navindran is accused of causing hurt to Kugan, 23.

Referring to the duty roster for that day, Rodney said Constable James and Constable Faizal were on duty in the Kugan case between midnight and 4am on Jan 17.

Asked for clarification by Petaling Jaya Sessions Court judge Aslam Zainuddin, he said the roster referred to the wee hours of Jan 17.

He added that on-duty officers must report if there were any other officers present during their shift.

On leave

Rodney, however, could not confirm if the roster was adhered to, as he was on leave at the time, and only returned to work on Jan 20.

According to the next witness, lock-up guard Constable Muhidin Deri, Kugan was unhurt when he was escorted by the accused to the Puchong Jaya Police Station lock up on Jan 15.

“I had examined him for injuries and found none,” he said.

But when re-examined by the prosecution he admitted that he did not recall, and was basing his testimony on the records made in the station diary.

He, however, agreed with the defence lawyer’s suggestion that Kugan had sustained injuries in the scuffle during his arrest.

“We could only examine for external injuries. He may have sustained internal injuries,” he told the prosecution when re-examined.

Muhidin, who was on duty from 4am to 8am, said that all 53 detainees that night were placed in the pathway outside of the cells as at least seven of the nine cell toilets were blocked.

No fights

Although he was not stationed in the pathway with the detainees, he testified that he could see if any fights took place and there were none.

The trial will resume at 9am tomorrow.

Taking the stand is will be Lans Corporal Mohd Fadil Mohd Said and Lans Corporal Mohd Yasser Mohamad Yamin, who took over from Muhidin on Jan 15.

On Friday, Dr Baldev Singh testified that Kugan, 23, was dead when he arrived at the USJ Taipan interrogation room on the morning of Jan 20.

Yesterday, officers of the court visited the room to find that it has been divided into two, with a partition built on the spot where Kugan was found lifeless.