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Wednesday 25 May 2011

Death in custody - G Francis Udayappan (Brickfields District Police Station; 23 May 2004)

Seven years ago yesterday, G Francis Udayappan, then a 24-year-old despatch clerk, was found dead in the Klang River after having been arrested on 16 April 2004 for alleged petty theft.  He had been detained at the Brickfields police station and until this day, the manner of his death has yet to be ascertained.  The police denied allegations that they tortured G Francis Udayappan and caused his death.

The delayed investigation into the circumstances and cause of his death was a cause for concern – only after two years did the coroner's court establish that the remains discovered in the Klang River were of the late G Francis Udayappan, and that there had been no foul play in his death.

His mother, G Sara Lily challenged these findings in court.  On 23 Mar 2011, the Court of Appeal upheld the open verdict delivered by a coroner’s court on 4 Apr 2006.

Court of Appeal Judge Dato’ Hasan Lah ruled that G Sara Lily had failed to comply with the requirement under section 50(2) of the Courts of Judicature Act to be granted leave to appeal to the appellate court over the outcome of the findings of the coroner's court.

Every death in custody must be thoroughly and impartially investigated.  G Francis Udayappan’s death must not be relegated to a mere statistic.

Based on the Polis DiRaja Malaysia's statistics, 85 persons died in police custody between 2003 and 2007 alone.

We express our heartfelt condolences to G Francis Udayappan’s family and friends on this anniversary of his death.

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