Palace officials receiving the petition today. - Picture by Jack Ooi
N. Indra, accompanied by her son, A. Iswara, lawyer N. Surendran and Kapar MP S. Manickavasagam, submitted the petition to palace officer Guli Tahir this morning at around 11.00am amid strong police presence.
Kugan, 23, died on January 20, 2009 while being held in Taipan USJ police station. He had been arrested six days before on suspicion of stealing cars.
To date, only a policeman, PC V. Navindran, 28, has been charged with causing grievous hurt to Kugan at 7am on January 16, 2009 at Taipan USJ police station, Subang Jaya.
Navindran also faces two alternative charges of causing hurt to Kugan at the same place and time, which carry a maximum seven years jail and a fine upon conviction.
Surendran said it was clear from the evidence being presented in court that more than one person was involved in Kugan’s death.
The petition alleged that at least 10 other policeman were involved in Kugan’s death, all of whom were
Indra in tears today outside the Palace. - Picture by Jack Ooi
“There were many other people involved. None of them have been charged,” Surendran said.
“Kugan was severely tortured and, until today, after 17 months, only one person [has been] charged for a lesser offence.
“There is no satisfaction for the mother. There is no justice. Everybody else was allowed to get away with it,” he said.
He further argued that Navindran should have been charged with more than just causing hurt to Kugan.
“The charge... is just not good enough. He should be charged for murder because this was murder,” he said.
He also urged that Selangor OCP Datuk Khalid Abu Bakar be removed from his position for issuing a false statement that Kugan died suddenly after drinking a glass of water.
“This is serious. If you compare to Aminulrasyid’s case... same thing happened,” he said, comparing the case to that of 14-year-old schoolboy Aminulrasyid Hassan, who was gunned down by police in Shah Alam on April 26.
“After the death, the police came out with a lot of false statements and no action was taken until today. Same thing in Kugan’s case, also false statements.
Surendran said Kugan’s family made it a priority to get the petition to the Yang diPertuan Agong because they felt the country’s institutions had failed in delivering justice.
“The police have failed, the courts have failed, the home ministry has failed, the prime minister’s department has failed, and... that is why we’re coming to the King,” he said.
“It’s not that we really want to come to the Palace because this is a constitutional monarchy but we have no choice.
“When all other institutions of the state failed in giving justice to Kugan’s mother, then we’ve got to come to the King. This is the last resort.”
He said the Yang diPertuan Agong had the power to warn, advise, encourage and direct the government, and urged the monarch to do so in Kugan’s case.
Surendran warned that the police will not take seriously the fact that they cannot kill people without reason if they are let off lightly each time.
“There is no lesson sent out to the police. There is no warning sent out to the police.
“If all of them can get away with what they did to Kugan, they will do it again and again and again. And that’s why I say the system has failed,” he said.
“They have become... immune to the suffering of people who are in their lock-up. It’s okay to beat up people. That means that’s the police ethic, that’s the police culture.
“You cannot beat, abuse or assault a person who’s been arrested. You must take him to court and charge him and let the legal process continue.”
He added that the family had to fight an uphill battle to get even one person charged and for a second post-mortem examination on Kugan to be done.
“The authorities did their very best to cover up this case from day one... It’s a joke. If we keep on like this, Malaysia is going to become a failed state,” he said.
“This mother who keeps being forced to come here is a sign of the failure of the system.”
Surendran also took to task Ibrahim, Inspector-General of Police Tan Sri Musa Hassan, Home Minister Datuk Seri Hishammuddin Hussein and Prime Minister Datuk Seri Najib Razak for not issuing an apology to Indra for the death of her son in police custody.
“What does that tell about our country? What does that tell about the seriousness of the attempt to so-called reform?” he asked.
“Look at this mother’s tears. Let Najib answer this mother’s tears.”
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