AG files appeal on Kugan death acquittal

(Malaysiakini) The Attorney-General's Chambers has filed a notice of appeal against constable V Navindran, who was acquitted on a charge of causing grievous hurt to forklift driver A Kugan, who died in police custody in January 2009.

The notice was filed on Wednesday, Feb 2, five days after Navindran's acquittal by a sessions court in Petaling Jaya.

The chamber's Appellate and Trial division head Kamaludin Md Said confirmed this with Malaysiakini today and said his office was awaiting the fixing of a date by the High Court to hear the matter.

Kamaludin had on Jan 28 said the AG's Chambers would file the appeal after getting a full report from its officers.

Navindran, 28 (left), was acquitted on the charge without his defence being called by sessions judge Aslam Zainuddin, who ruled that the prosecution had failed to prove a prima facie case against him.

The constable on Oct 1, 2009, claimed trial to a charge of causing grievous hurt to the 23-year-old victim, who died in the interrogation room of the Taipan police station in USJ-Subang Jaya at 7am on Jan 16, 2009, as a result of alleged torture by police.

The charge under Section 331 of the Penal Code carries a jail term of 10 years and a fine upon conviction.

Following the sessions court decision, Kugan's aunt S Reguna, 33, expressed her unhappiness, saying 11 police officers were initially said to be involved, but only one was charged in court and even he got off free.

Family wants royal commissing hearing

Family members have also called for a Royal Commission of Inquiry to be established to investigate Kugan's death, with similar sentiments also voiced by MIC youth chief T Mohan.

A second post-mortem carried out on Kugan's body revealed that he had endured severe beatings and was also starved during his detention.

The body was at the Serdang Hospital mortuary when outraged family members and two deputy ministers, T Murugiah and SK Devamany, barged in to take a look at it after the second post-mortem.

Police have maintained that Kugan died from "breathing difficulties".

The first post-mortem finding was that he died from pulmonary edema, but the cause of the edema was "unknown".