Why murder was ruled out

The New Straits Times

KUALA LUMPUR: Murder or culpable homicide not amounting to murder was ruled out in the death of luxury car theft suspect A. Kugan as police did not know who was responsible.

Former Selangor police chief Tan Sri Khalid Abu Bakar told the High Court that the investigation paper was open based on the outcome of the first post-mortem report.

"We had classified it as sudden death," he said yesterday when cross-examined by lawyer R. Ramesh Sivakumar, who is representing Constable V. Navindran.

The autopsy report stated Kugan died of water in the lungs.

Khalid, who is currently deputy inspector-general of police, said a probe for murder could not be carried out because of a lack of evidence.

Instead, he said police investigated Kugan's death in custody as causing hurt to obtain a confession and this was sanctioned by the public prosecutor.

In June, the Sessions Court found Navindran guilty of causing hurt to Kugan and sentenced him to three years' jail.

Khalid was testifying in a civil case brought by Kugan's mother N. Indra as administrator of his estate against the government for alleged negligence and breach of statutory duty.

Khalid, former Subang Jaya police chief Assistant Commissioner Zainal Rashid Abu Bakar and Navindran are named as defendants for being vicariously liable for his death.

In her statement of claim, Indra alleged that the defendants had failed to ensure the safety, health and welfare of Kugan while he was in police custody.

Kugan, then 22 years old, was arrested in Puchong on Jan 14, 2009, and held overnight at the Puchong Jaya police station's lock-up.

He was brought to Taipan USJ, Subang Jaya police station on Jan 16, but was found dead four days later.

To a further cross-examination by Ramesh, Khalid said the (Taipan USJ, Subang Jaya) police station did not have a gazetted lock-up to hold detainees.

"However, there was no breach of procedures as the inspector-general of police's standing orders allowed for certain leeways."

Earlier Khalid, who was also cross-examined by Indra's lawyer, R. Sivarasa, said he initially resisted a second post-mortem to be conducted on the body, but allowed it following advice from the Attorney-General's Chambers.

"Kugan's family was not happy with the first report and they carried out a procession with the body," he said.

A subsequent post-mortem was conducted at University of Malaya Medical Centre and the autopsy said Kugan's vital organs failed because of excessive beatings.