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Tuesday, 6 April 2010

Constable: I saw Navindran hitting Kugan

PETALING JAYA: A constable told the Sessions Court here today that he witnessed accused constable V Navindran hitting car theft suspect A Kugan, who died while in police custody.

K James, 27, from the Subang Jaya police headquarters, who was then on duty guarding Kugan at the Taipan police station, said Navindran entered the interrogation room where the suspect was held after he and a colleague came out.

He said he was on duty from 4am to 8am on that day (Jan 16, 2009) and that Navindran had come to the station to be updated on the latest developments concerning the theft of luxury cars in which Kugan was alleged to be involved.

"Navindran came in at 7am. I then went out to get a drink at a nearby shop with my partner and assumed Navindran was on the 8am shift.

"When I came back, I headed back to the interrogation room and suddenly heard screams coming from inside it," he said.

James said he and his partner quickly rushed into the room and that was when they saw Navindran hitting Kugan.

"I tried to stop him by holding his hands and ordered him to get out of the room.

"Kugan whose hands were cuffed at the back was trying to avoid the blows by turning left and right," he said.

Asked by deputy public prosecutor Azlina Rasdi as to how Navindran hit Kugan, James said he noticed Navindran was holding a rubber hose when he tried to restrain the constable.

James, who is the prosecution's 15th witness, was testifying in the case of the death of Kugan in police custody on Jan 20, 2009.

Navindran, 28, had pleaded not guilty on Oct 1, 2009, to a charge of causing grievous hurt to Kugan, 23.

He is charged with committing the offence at the interrogation room of the Taipan police station, USJ, Subang Jaya, at 7am on Jan 16, 2009.

He has been charged under Section 331 of the Penal Code, which carries a jail term of 10 years and a fine upon conviction.

Navindran also pleaded not guilty to two alternative charges of causing hurt to Kugan at the same time and place under Section 330 of the Penal Code.

James, who is now attached to the Ampang Jaya police headquarters, further testified that he did not record in the station's diary as to what transpired on the grounds that Kugan did not make any complaints.

"I did ask him if he was okay and Kugan replied that he did not feel any pain or experienced any injury.

"We then told Kugan, who was dressed in lock-up clothes, to rest for a while after finding there were red marks at the back of his neck," he said.

When cross-examined by defence counsel Datuk P M Nagarajan, James told the court that he was not sure if he noticed Navindran bringing in the rubber hose into the interrogation room.

He also said Kugan did not experience any bleeding as result of the alleged assault.

The hearing before Judge Aslam Zainuddin continues tomorrow.

- Bernama

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