KUALA LUMPUR, Nov 3 — A 27-year-old quantity surveyor was arrested here last night and hauled to face the Johor police for allegedly writing seditious remarks against the Johor royal house.
The Malaysian Insider understands that Ahmad Abd Jalil was picked up by a group of plainclothes policemen at his office in Cheras at around 8pm yesterday before he was taken, along with his hard drive and office computer, to the Wangsa Maju police station for questioning.
According to Ahmad’s lawyer Mohd Zakwan Adenan, the youth was at first not informed of his offence, except that he was allegedly being investigated under Section 4(1) of the Sedition Act 1948.
“He was questioned there until around 11.30pm before the police brought him to his house.
“They said they wanted to charge him under the Sedition Act for remarks he made on Facebook but when we asked the police which statement they were referring to, they could not answer.
“The police only said they’d received a number of reports on the issue from the Johor Baru district police... and that is why the cops from Johor had come along,” he said.
Section 4(1) stipulates that any person who utters, prints or publishes any seditious words, on conviction, would be liable for a first offence to a fine not exceeding RM5,000 or to imprisonment for a term not exceeding three years or to both.
At the house of Ahmad’s parents in Damansara Damai, the police conducted a thorough search and checked all computers and laptops before taking the youth with them to Johor.
Ahmad’s brother, Abas, told The Malaysian Insider that there were at least 10 plainclothes policemen who arrived in four unmarked cars at the house for the raid.
He said not a single officer offered to show their identification cards or produced an arrest or search warrant.
“We couldn’t even be sure if they were palace bodyguards or policemen. Later, they took my brother with them to Johor and told us we did not need to follow them as we should let them do their jobs,” Abas said when contacted.
At 3pm today, Ahmad was taken before a Johor magistrate by police to obtain a three-day remand order.
According to Abas, the youth is currently held at the Johor Baru district police headquarters but is prohibited from seeing his family members.
“My parents and Ahmad’s wife are there now. But they’ve not been allowed in,” he said.
Abas expressed fear for his brother’s safety in the hands of the Johor police, whom he described as “very obedient to the palace”.
He admitted that his brother has always been known to be vocal and critical of both local and global politics, but said the matter should be handled fairly and delicately.
“He is well-versed with politics, that is true. And from what I know, he made a few comments on his Facebook that could have courted trouble. But I do not know what it is... I cannot access it.
“But what we fear is this. By law, the accused cannot be extracted from the police and sent to the palace but because the cops are so obedient to the palace, this rule could be broken.
“At the palace, our hands are tied and nobody would be in control of what happens to my brother,” Abas said.
In July this year, supernatural researcher Syed Abdullah Hussein Al-Attas or “Uncleseekers” was also picked up by the Johor police over remarks against the Sultan of Johor, Sultan Ibrahim Ibni Almarhum Sultan Iskandar, which were alleged to be defamatory.
The Najib government has announced plans to repeal the controversial preventive law but despite this, the authorities have continued to invoke the law numerous times to clamp down on anti-government proponents.
Saturday, 3 November 2012
Light at the end of the tunnel for Kpg Railway?
Despite being evicted from the land they had occupied for decades, residents of Kampung Railway in Sentul may still get their medium cost houses at the price of a low cost house.
PETALING JAYA: Early this week, the Kuala Lumpur High Court declared property developer Sentul Raya Sdn Bhd, a subsidiary of the YTL group, as the lawful owner of Kampung Railway, a residential area in Sentul.
The decision dismayed current residents of the area and their lawyers vowed to appeal against the decision soon.
“The developer is the owner of the land, and by that virtue, they emerge the absolute owners irrespective of how and why they came to be the owners,” Justice Zabariah Yusof said in her verdict, paving way for the developer to start construction in the area.
Sentul Raya, a subsidiary of YTL Corporation, initiated the case last year seeking a court order to evict Kampung Railway’s 153 residents, claiming they were trespassers.
The residents however countered saying that they have the right to remain there by virtue of their being descendants of former Keretapi Tanah Melayu Berhad (KTMB) employees who began settling there in 1885.
They had also called on the government to turn the land into an Indian heritage site.
The Kampung Railway saga is not something new. It has been on-going for decades. The government in its privatisation drive in the 1990s sold off the land to the private developer, thinking that development would spur economic activities.
Although Sentul Raya did not start developing the area immediately, the company had plans to turn Sentul into a modern-living township. In its endevour the firm had to cross swords with the residents of Kampung Railway.
Sentul Raya had originally planned a low and medium cost housing project for the people of Kampung Railway. In August last year the Kuala Lumpur City Hall (DBKL) approved the development plan of the housing project.
The plan was for the construction of 150 units of low-cost houses for Kampung Railway squatters, 576 units for KTMB lower-income staff and 200 units of medium-cost houses.
Ministry’s letter ready but…
The Federal Territories and Urban Well-being Ministry was ready to issue a letter of guarantee for the construction of houses for pioneer residents of Kampung Railway and KTMB staff.
The letter of guarantee was supposed to put to rest Kampung Railway residents’ worries that the low-cost housing scheme for them would not materialise.
In fact, the residents were offered a RM200,000 medium cost house each at the price of a low-cost unit, which is RM45,000.
Then came the problem.
The authorities and Sentul Raya needed the exact number of residents living in Kampung Railway. Sentul Raya’s survey showed that the area had only 26 families while the DBKL survey showed 53 families.
The City Hall had also put another 57 houses under “investigation” as they were either vacant or had foreign workers renting them.
Another joint survey conducted by Sentul Raya, DBKL and Federal Territories and Urban well-being deputy minister M Saravanan showed 64 families.
While there was a contradiction in the numbers, several residents formed a group earlier this year and demanded that the whole Kampung Railway area be gazetted as a Indian heritage site.
This was however, difficult as the government had already sold the land to a private entity and would have to fork out hundreds of millions of ringgit to buy back the land and turn it into a Indian Heritage site.
But with the High Court decision this week, what is in store for the legitimate owners of houses in Kampung Railway?
‘Stop politicians from exploiting issue’
Legal eagles tell FMT that Sentul Raya now holds the trump card.
“For one, the developer can clear the land without any hassle. Secondly they can revive the low-cost, medium cost housing project and sell the units to the residents of Kampung Railway at the actual cost.
“This will mean the residents lose the subsidy. They would have to pay a full RM200,000 for a house compared to RM45,000 price offered to them earlier. Thirdly, the developer can choose to sell the houses in the open market,” said a lawyer familiar with the case.
He said while the residents can appeal against the High Court’s ruling, it is very unlikely to change anything.
The residents are now at the mercy of the developer.
However, all is not lost. Saravanan when contacted by FMT, confirmed that Sentul Raya had issued the letter of offer to some residents of Kampung Railway, who had accepted the earlier offer to purchase a medium cost unit for RM45,000.
“But they must come clean on the numbers. How many are actually staying there? How many really need these houses? Some of the residents desperate to save their houses launched this Indian heritage site campaign.
“After so long, they make this new proposal. I can only say that the future for them looks bleak after the court ruling. But we can still negotiate with the developer. I really want them to get at least a medium cost house at RM45,000.
“But until we come up with the actual number of houses needed this issue cannot be resolved. They have to stop politicians from exploiting the issue. Politicians will be here today and gone tomorrow.
“The residents are the ones who would suffer in the future. Be careful in making decisions. If they come clean, I believe we can still negotiate with Sentul Raya and reach an amicable solution to the issue,” said Saravanan, who is also MIC vice-president.
While the court had announced its decision, it is hoped all parties concerned would take into account the plight of the people in finding a solution to the problem.
The decision dismayed current residents of the area and their lawyers vowed to appeal against the decision soon.
“The developer is the owner of the land, and by that virtue, they emerge the absolute owners irrespective of how and why they came to be the owners,” Justice Zabariah Yusof said in her verdict, paving way for the developer to start construction in the area.
Sentul Raya, a subsidiary of YTL Corporation, initiated the case last year seeking a court order to evict Kampung Railway’s 153 residents, claiming they were trespassers.
The residents however countered saying that they have the right to remain there by virtue of their being descendants of former Keretapi Tanah Melayu Berhad (KTMB) employees who began settling there in 1885.
They had also called on the government to turn the land into an Indian heritage site.
The Kampung Railway saga is not something new. It has been on-going for decades. The government in its privatisation drive in the 1990s sold off the land to the private developer, thinking that development would spur economic activities.
Although Sentul Raya did not start developing the area immediately, the company had plans to turn Sentul into a modern-living township. In its endevour the firm had to cross swords with the residents of Kampung Railway.
Sentul Raya had originally planned a low and medium cost housing project for the people of Kampung Railway. In August last year the Kuala Lumpur City Hall (DBKL) approved the development plan of the housing project.
The plan was for the construction of 150 units of low-cost houses for Kampung Railway squatters, 576 units for KTMB lower-income staff and 200 units of medium-cost houses.
Ministry’s letter ready but…
The Federal Territories and Urban Well-being Ministry was ready to issue a letter of guarantee for the construction of houses for pioneer residents of Kampung Railway and KTMB staff.
The letter of guarantee was supposed to put to rest Kampung Railway residents’ worries that the low-cost housing scheme for them would not materialise.
In fact, the residents were offered a RM200,000 medium cost house each at the price of a low-cost unit, which is RM45,000.
Then came the problem.
The authorities and Sentul Raya needed the exact number of residents living in Kampung Railway. Sentul Raya’s survey showed that the area had only 26 families while the DBKL survey showed 53 families.
The City Hall had also put another 57 houses under “investigation” as they were either vacant or had foreign workers renting them.
Another joint survey conducted by Sentul Raya, DBKL and Federal Territories and Urban well-being deputy minister M Saravanan showed 64 families.
While there was a contradiction in the numbers, several residents formed a group earlier this year and demanded that the whole Kampung Railway area be gazetted as a Indian heritage site.
This was however, difficult as the government had already sold the land to a private entity and would have to fork out hundreds of millions of ringgit to buy back the land and turn it into a Indian Heritage site.
But with the High Court decision this week, what is in store for the legitimate owners of houses in Kampung Railway?
‘Stop politicians from exploiting issue’
Legal eagles tell FMT that Sentul Raya now holds the trump card.
“For one, the developer can clear the land without any hassle. Secondly they can revive the low-cost, medium cost housing project and sell the units to the residents of Kampung Railway at the actual cost.
“This will mean the residents lose the subsidy. They would have to pay a full RM200,000 for a house compared to RM45,000 price offered to them earlier. Thirdly, the developer can choose to sell the houses in the open market,” said a lawyer familiar with the case.
He said while the residents can appeal against the High Court’s ruling, it is very unlikely to change anything.
The residents are now at the mercy of the developer.
However, all is not lost. Saravanan when contacted by FMT, confirmed that Sentul Raya had issued the letter of offer to some residents of Kampung Railway, who had accepted the earlier offer to purchase a medium cost unit for RM45,000.
“But they must come clean on the numbers. How many are actually staying there? How many really need these houses? Some of the residents desperate to save their houses launched this Indian heritage site campaign.
“After so long, they make this new proposal. I can only say that the future for them looks bleak after the court ruling. But we can still negotiate with the developer. I really want them to get at least a medium cost house at RM45,000.
“But until we come up with the actual number of houses needed this issue cannot be resolved. They have to stop politicians from exploiting the issue. Politicians will be here today and gone tomorrow.
“The residents are the ones who would suffer in the future. Be careful in making decisions. If they come clean, I believe we can still negotiate with Sentul Raya and reach an amicable solution to the issue,” said Saravanan, who is also MIC vice-president.
While the court had announced its decision, it is hoped all parties concerned would take into account the plight of the people in finding a solution to the problem.
Manikavasagam to be dropped?
Grapevine in the party claims that the Kapar MP would be offered a state seat instead.
PETALING JAYA: Kapar MP, S Manikavasagam may be dropped as the opposition candidate of the country’s largest parliamentary constituency and instead offered a state seat by PKR for the upcoming general election, party sources revealed.
Sources said the first term Kapar MP has been offered a choice of two state seats – Sri Andalas and Bukit Melawati – in exchange for the Kapar parliamentary constituency.
In 2008, Manikavasagam beat S Komala Devi, the MIC Wanita chief, with a thumping 12,297 vote majority. As off March, 2008, the seat had 112,224 voters out of which 51% were Malays, 35% Chinese and 13 % Indians.
The Kapar parliamentary seat has four state seats – Meru, Sementa, Sungai Pinang and Selat Klang.
Sources close to Manikavasagam claim that the first term parliamentarian was keen to contest in Sri Andalas or Batu Caves and not Bukit Melawati.
Incumbent Sri Andalas state assemblyman is Xavier Jayakumar, who is also a Selangor exco member. Amiruddin Shari and MP Muthiah are Batu Caves and Bukit Melawati state reps respectively.
Party sources say Manikavasagam, fondly known as Mike in party circles, and Jayakumar could be involved in a seat swap.
“Xavier (Jayakumar) would go to Kapar parliamentary seat while Mike would take over at Sri Andalas.
Mike will strenghen the state Pakatan while Xavier (Jayakumar) would move up to national politics,” a party source claimed.
Jayakumar, however, is not the sole option for the party in Kapar. There are talks that PKR may field “an outsider” in Kapar.
Lawyer and social activist K Saraswathy, who is yet to join any of the three main opposition parties, is another possible opposition candidate for Kapar.
The Barisan Nasional also appears to have two candidates for Kapar. The seat is allocated to the MIC under BN’s seat sharing system.
The largest Indian based political party in the country wants to field its Puchong division chief, A Sakthivel, a chemical engineer-turned-businessman. Sakthivel is also the party’s central working committee member.
But the local Umno division, it is learnt, is not in favour of Sakthivel and want an outsider as Kapar parliamentary candidate.
A local leader pointed out that D Ravindran, a director in the Performance Management and Delivery Unit (Pemandu) in charge of anti-corruption, would make a better BN candidate.
Both Sakthivel and Ravindran have been frequent visitors to the constituency since 2008.
All the four candidates from both side of the divide are actively engaging with the voters in Kapar and only time will tell who the next Kapar MP would be.
Sources said the first term Kapar MP has been offered a choice of two state seats – Sri Andalas and Bukit Melawati – in exchange for the Kapar parliamentary constituency.
In 2008, Manikavasagam beat S Komala Devi, the MIC Wanita chief, with a thumping 12,297 vote majority. As off March, 2008, the seat had 112,224 voters out of which 51% were Malays, 35% Chinese and 13 % Indians.
The Kapar parliamentary seat has four state seats – Meru, Sementa, Sungai Pinang and Selat Klang.
Sources close to Manikavasagam claim that the first term parliamentarian was keen to contest in Sri Andalas or Batu Caves and not Bukit Melawati.
Incumbent Sri Andalas state assemblyman is Xavier Jayakumar, who is also a Selangor exco member. Amiruddin Shari and MP Muthiah are Batu Caves and Bukit Melawati state reps respectively.
Party sources say Manikavasagam, fondly known as Mike in party circles, and Jayakumar could be involved in a seat swap.
Jayakumar, however, is not the sole option for the party in Kapar. There are talks that PKR may field “an outsider” in Kapar.
Lawyer and social activist K Saraswathy, who is yet to join any of the three main opposition parties, is another possible opposition candidate for Kapar.
The Barisan Nasional also appears to have two candidates for Kapar. The seat is allocated to the MIC under BN’s seat sharing system.
The largest Indian based political party in the country wants to field its Puchong division chief, A Sakthivel, a chemical engineer-turned-businessman. Sakthivel is also the party’s central working committee member.
But the local Umno division, it is learnt, is not in favour of Sakthivel and want an outsider as Kapar parliamentary candidate.
A local leader pointed out that D Ravindran, a director in the Performance Management and Delivery Unit (Pemandu) in charge of anti-corruption, would make a better BN candidate.
Both Sakthivel and Ravindran have been frequent visitors to the constituency since 2008.
All the four candidates from both side of the divide are actively engaging with the voters in Kapar and only time will tell who the next Kapar MP would be.
‘Cop’ handcuffs and sexually assaults boy
A 14-year-old boy was allegedly forced to receive oral sex from the man in batik shirt who claimed to be a police officer.
PETALING JAYA: A 14 year-old boy was allegedly handcuffed and forced to receive oral sex from a man claiming to a police officer on Wednesday.
The boy was said to be playing with a friend near a low cost apartment in Cheras when the suspect, who was described as dark-skinned and wearing a Batik shirt, walked up to the two.
“According to the victim, the man identified himself as a policeman and told the boys that he was a narcotics investigator,” said a police source familiar with the investigations.
The man had then asked the boys to show him where the drug hot spots were in their area, to which the unsuspecting boys volunteered to help and complied.
“The man had then molested both the boys before telling one of them to go home. He then too the victim on a motorcycle to another secluded corner,” said the source.
Away from any witnesses, the man suddenly handcuffed the boy and grabbed the latter’s private part. The suspect then forcefully performed oral sex on the boy.
“After the act took place, the man took off the handcuff and sent the victim to a nearby taman, told him to run and don’t look back,” said the source.
Following the incident, the boy went home and informed his family. A report was then lodged at the Pudu Ulu police station.
FMT understands that investigators are looking the case under Section 377B of the Penal Code for “carnal intercourse against the order of nature”.
“We haven’t got much leads yet. We’re trying to identify the suspect and find out if he is really a police officer,” said another source who admitted that the police have never encountered such a case as this before.
A photofit of the suspect is in the process of being drawn up.
Facebook rumours
Meanwhile, various sources confirmed that a Facebook status by one “Alicia Ling Horsley” which has been circulating on the issue to be inaccurate.
“My cousin saw and (bravely) interrupted a man sporting police trousers, shoes and badge receiving a BJ from 9 year old child (handcuffed and crying). A police report has been made but they are advising him to stay quiet. As a mother, I am incensed,” wrote the Facebook user.
However, when FMT contacted the “cousin”, he said that he merely heard the story from a friend, who was related to the victim, when he himself was lodging a police report.
Asked to respond to the Facebook message, a senior police officer denied that the police have told the victims to hush up about the incident.
“Stop spreading stories because it’s not helping at all. We’re not denying that there is such a case and we do not condone such acts, whether it is from a policeman or anyone at all. We’re doing the best we can and I give you my word that we will nail him.”
The boy was said to be playing with a friend near a low cost apartment in Cheras when the suspect, who was described as dark-skinned and wearing a Batik shirt, walked up to the two.
“According to the victim, the man identified himself as a policeman and told the boys that he was a narcotics investigator,” said a police source familiar with the investigations.
The man had then asked the boys to show him where the drug hot spots were in their area, to which the unsuspecting boys volunteered to help and complied.
“The man had then molested both the boys before telling one of them to go home. He then too the victim on a motorcycle to another secluded corner,” said the source.
Away from any witnesses, the man suddenly handcuffed the boy and grabbed the latter’s private part. The suspect then forcefully performed oral sex on the boy.
“After the act took place, the man took off the handcuff and sent the victim to a nearby taman, told him to run and don’t look back,” said the source.
Following the incident, the boy went home and informed his family. A report was then lodged at the Pudu Ulu police station.
FMT understands that investigators are looking the case under Section 377B of the Penal Code for “carnal intercourse against the order of nature”.
“We haven’t got much leads yet. We’re trying to identify the suspect and find out if he is really a police officer,” said another source who admitted that the police have never encountered such a case as this before.
A photofit of the suspect is in the process of being drawn up.
Facebook rumours
Meanwhile, various sources confirmed that a Facebook status by one “Alicia Ling Horsley” which has been circulating on the issue to be inaccurate.
“My cousin saw and (bravely) interrupted a man sporting police trousers, shoes and badge receiving a BJ from 9 year old child (handcuffed and crying). A police report has been made but they are advising him to stay quiet. As a mother, I am incensed,” wrote the Facebook user.
However, when FMT contacted the “cousin”, he said that he merely heard the story from a friend, who was related to the victim, when he himself was lodging a police report.
Asked to respond to the Facebook message, a senior police officer denied that the police have told the victims to hush up about the incident.
“Stop spreading stories because it’s not helping at all. We’re not denying that there is such a case and we do not condone such acts, whether it is from a policeman or anyone at all. We’re doing the best we can and I give you my word that we will nail him.”
‘Police hid son’s arrest from me’
Testifying in her RM100 million suit against the government, Indra says she only learnt of Kugan's arrest after he had died in police custody.
KUALA LUMPUR: The police did not inform A Kugan’s mother that he was arrested despite her repeated queries on his whereabouts, the Kuala Lumpur High Court was told today.
Testifying in her RM100 million suit against the deputy IGP and four others, N Indra said she only learnt of her son’s arrest when he died in police custody, six days later.
“My family and I searched for him at several police stations, including the Puchong police station,” she told the court during cross examination.
“When I contacted the police, they lied to me and said that he had not been arrested,” said Indra.
In her written statement, she also said that a day after her son’s arrest, two police officers had turned up at her brother’s house to question them about Kugan.
“But they did not inform us that Kugan had been arrested. I only knew my son was arrested on Jan 20, 2009 after the police informed the news of my son’s death to my brother and sister-in-law, Renuga,” she said.
Indra said the last time she had seen her son was on the Jan 13, 2009, a day before he was arrested. The next time she saw him, he was dead and lying in the Serdang Hospital mortuary, his body riddled with serious injuries and wounds.
Even then, she said, she was not immediately allowed to view her son’s body and was forced to wait outside the mortuary for about three hours.
“I believe the police ordered [the hospital] to stop us from seeing my son’s body,” she said in her written statement.
“Only after waiting several hours and after my lawyer N Surendran as well as several other opposition politicians made many requests, was my family and I allowed to see Kugan at around 1am on Jan 21, 2009.”
Shocked by police’s statement
Indra said that the condition of her son’s body, which had “signs of beating and serious injuries” shocked her and her family.
“The whole family cried loudly because we could not hold back our sadness. Kugan was my eldest son,” she added.
Indra said due to the extent of Kugan’s injuries, she did not suspect the police would eventually deny having beaten her son to death.
But she said she learnt that the first defendant, the then Selangor police chief Khalid Abu Bakar, had ruled out foul play while she was on her way to Kugan’s burial.
“At that time, while we were at the funeral, we learned that the first defendant had said on the radio that Kugan had died due to water in his lungs.
“We were shocked that the police would not confess that they had beaten Kugan to death,” said Indra.
The court was also told that Khalid had made the statement prior to the release of the first autopsy report by Dr Abdul Karim Tajuddin.
This spurred Indra and her family to postpone the burial to request for a second autopsy, which later revealed that Kugan had suffered terrible beatings leading to his cells breaking down and damaging his kidneys.
Attempt to cover-up cause of death
Indra was testifying in her suit against the deputy IGP Khalid Abu Bakar, police officer V Navindran, former Subang Jaya police chief Zainal Rashid, the then IGP as well as the government for negligence and breach of statutory duty.
The plaintiff’s lawyers are A Sivarasa, RL Bani Prakash and Latheefa Koya.
Meanwhile, lawyers for the defendants are Tuan Haji Arshad Md Arshad, Nur Aqilah Ishak, and R Ramesh Sivakumar.
Presiding over the case is Justice VT Singham.
In the statement of claim, Indra said Kugan was arrested by the police on Jan 14, 2009. On Jan 20, at about 9pm, a police officer informed her that her son had died while in police custody.
Indra claimed that on Jan 21, Khalid had issued a false explanation to the media on the cause of death, alleging that Kugan had asked for a glass of water and then collapsed and died.
She also claimed that the defendants made attempts to cover-up the real cause of death and issued statements calculated to exonerate the police from blame or liability.
In a separate trial in June this year, Navindran was found guilty on two counts of causing hurt to Kugan. Shah Alam Sessions Court judge Aslam Zainuddin sentenced him to three years’ jail on each count, to be served concurrently.
Testifying in her RM100 million suit against the deputy IGP and four others, N Indra said she only learnt of her son’s arrest when he died in police custody, six days later.
“My family and I searched for him at several police stations, including the Puchong police station,” she told the court during cross examination.
“When I contacted the police, they lied to me and said that he had not been arrested,” said Indra.
In her written statement, she also said that a day after her son’s arrest, two police officers had turned up at her brother’s house to question them about Kugan.
“But they did not inform us that Kugan had been arrested. I only knew my son was arrested on Jan 20, 2009 after the police informed the news of my son’s death to my brother and sister-in-law, Renuga,” she said.
Indra said the last time she had seen her son was on the Jan 13, 2009, a day before he was arrested. The next time she saw him, he was dead and lying in the Serdang Hospital mortuary, his body riddled with serious injuries and wounds.
Even then, she said, she was not immediately allowed to view her son’s body and was forced to wait outside the mortuary for about three hours.
“I believe the police ordered [the hospital] to stop us from seeing my son’s body,” she said in her written statement.
“Only after waiting several hours and after my lawyer N Surendran as well as several other opposition politicians made many requests, was my family and I allowed to see Kugan at around 1am on Jan 21, 2009.”
Shocked by police’s statement
Indra said that the condition of her son’s body, which had “signs of beating and serious injuries” shocked her and her family.
“The whole family cried loudly because we could not hold back our sadness. Kugan was my eldest son,” she added.
Indra said due to the extent of Kugan’s injuries, she did not suspect the police would eventually deny having beaten her son to death.
But she said she learnt that the first defendant, the then Selangor police chief Khalid Abu Bakar, had ruled out foul play while she was on her way to Kugan’s burial.
“At that time, while we were at the funeral, we learned that the first defendant had said on the radio that Kugan had died due to water in his lungs.
“We were shocked that the police would not confess that they had beaten Kugan to death,” said Indra.
The court was also told that Khalid had made the statement prior to the release of the first autopsy report by Dr Abdul Karim Tajuddin.
This spurred Indra and her family to postpone the burial to request for a second autopsy, which later revealed that Kugan had suffered terrible beatings leading to his cells breaking down and damaging his kidneys.
Attempt to cover-up cause of death
Indra was testifying in her suit against the deputy IGP Khalid Abu Bakar, police officer V Navindran, former Subang Jaya police chief Zainal Rashid, the then IGP as well as the government for negligence and breach of statutory duty.
The plaintiff’s lawyers are A Sivarasa, RL Bani Prakash and Latheefa Koya.
Meanwhile, lawyers for the defendants are Tuan Haji Arshad Md Arshad, Nur Aqilah Ishak, and R Ramesh Sivakumar.
Presiding over the case is Justice VT Singham.
In the statement of claim, Indra said Kugan was arrested by the police on Jan 14, 2009. On Jan 20, at about 9pm, a police officer informed her that her son had died while in police custody.
Indra claimed that on Jan 21, Khalid had issued a false explanation to the media on the cause of death, alleging that Kugan had asked for a glass of water and then collapsed and died.
She also claimed that the defendants made attempts to cover-up the real cause of death and issued statements calculated to exonerate the police from blame or liability.
In a separate trial in June this year, Navindran was found guilty on two counts of causing hurt to Kugan. Shah Alam Sessions Court judge Aslam Zainuddin sentenced him to three years’ jail on each count, to be served concurrently.
Hindraf-PKR entente: A stitch in time - Malaysiakini
The news that Hindraf's P Wathyamoorthy did meet up with PKR adviser Anwar Ibrahim earlier this week and had a "fruitful" discussion, ought to come as a relief to those who from day one were anxious that the quasi-separatism of aspects of the Hindraf agenda would see them marooned on the banks of the river of national political reform rather than swimming in its currents.
The push for reform, galvanised by the reformasi movement of 14 years ago which sprung from the travails of Anwar, was accelerated by the impressive Hindraf demonstration of Nov 25, 2007 in the streets of Kuala Lumpur.
However, since that political landscape changing achievement of March 2008 and following the release from ISA custody of five of the movement's more famous activists, discordant aims and dissonant pathways prevented Hindraf from making common cause with PKR, the party that is the logical vehicle for the attainment of Indian Malaysian aspirations.
The biggest obstacle to Hindraf's making common cause with PKR was the quasi-separatism of aspects of the former's socio-economic agenda.
This quasi-separatism stemmed from Hindraf's claim that the plight of Indian Malaysians required a race-specific programme of upliftment.
PKR disagreed. They argued that the Malaysian nation has to get away from race-specific and move to need-based programmes of poverty eradication.
Indian poverty - like Malay, Chinese, Dayak and Kadazandusun penury - would be better alleviated, contended PKR, by need-based programmes of upliftment rather than race-specific ones.
Thus the nub of the socioeconomic agenda propounded by PKR militated against the approach espoused by Hindraf.
Acrimonious exchanges
In the past four years, this has been the focal point of the gulf between Hindraf and PKR, exacerbated, on occasion, by the acerbity of the verbal exchanges between the Hindu rights movement's principal interlocutor, P Uthayakumar, and assorted exponents of the cause of poor Indians - in PKR, DAP and, even, in Parti Sosialis Malaysia (PSM).
At times, these exchanges were so acrimonious, the hope that common cause could be made between Hindraf and the rest of the Malaysian opposition appeared reedy and forlorn.
He deduced that with this migration, something like 17 parliamentary and 35 state seats, enabled by Indian bloc votes, would produce results that would garner for the race electoral power.
This was a harebrained scheme but it enjoyed what the German historian of ideas GF Hegel called "negative activity" - a fanaticism of the abstract that assaults the actual without having in mind any practical plans for improving the actual.
In politics, Hegel argued, such "negative activity", whatever its motivation, always ends up serving a practical political purpose.
It's hard to see where the practical political purpose in Uthayakumar's plan for Indian electoral empowerment lay, but when Ambiga Sreneevasan emerged, in the past two years, as a principal leader of Bersih, the electoral reform advocacy group that's been pushing in the last five years for a clean-up of the electoral rolls, the psychological dynamics of Indian electoral empowerment changed.
This was a tour de force that subtly cut the ground from under Hindraf's feet in way that must have been perplexing to them but was not to ‘middle' Indian Malaysians.
They want to be part of the national mainstream, not quasi-separate from it, as envisaged by the thrust of the Hindraf agenda.
The carriage and content of Ambiga's career is the prototype that Indians want for their children to emulate which was why, after her emergence, Hindraf and their agenda of quasi-separatism rapidly waned.
Their energetic information chief S Jayathas was the quickest to recognise this and enlisted with PKR last month.
With his joining PKR, the avoidable estrangement of the last four years between Hindraf and PKR will rapidly thaw and now with the more tractable Waythamoorthy meeting up with Anwar, a collaboration between natural allies can re-begin.
This is an entente that will be salvific for Indians and save them from futile digression.
TERENCE NETTO has been a journalist for close on four decades. He likes the occupation because it puts him in contact with the eminent without being under the necessity to admire them. It is the ideal occupation for a temperament that finds power fascinating and its exercise abhorrent.
Nurul: There should be no compulsion in choosing faith
"When you ask me, there is no compulsion in religion... how can anyone say sorry, this (religious freedom) only applies to non-Malays, it has to apply equally." she said.
The Lembah Pantai MP was responding to a question from the floor on whether Malays should have religious freedom like non-Malays.
"Malay" is defined under Section 160(2) of the federal constitution as a person who professes Islam, habitually speaks the Malay language and conforms to Malay customs.
Ultimately, she said, what should be sought is "quality" where Muslims' faith is strong.
"Even me, being schooled in Assunta (secondary school) with a huge cross in the hall and an active singing Catholic society did not influence me," she said.
However, Nurul Izzah stopped short of saying that Malays should be legally granted religious freedom, saying: "I am, of course, tied to the prevailing views."
To a question on the rights of the lesbian, gay, bisexual and transexual (LGBT) community, Nurul Izzah conceded that as Muslims and even for Catholics, there were limitations.
However, she stressed that the principle for Pakatan Rakyat was that the community should not be victimised.
'Muslims' freedom ignored'
"We talk about how non-Muslims are affected by the so-called dominance but tend to forget that the biggest victims of this discussion are the Muslims because everyone recognises the freedom of non-Muslims but people don't seem to talk about the freedom of Muslims.
"The point is diversity is as important for Muslims as it is for everyone else.
"No one stops (a Catholic) from going to a Catholic or Protestant church but for the state, there is only one version of Islam... if you don't believe this kind of Islam, you are a deviationist," he said.
As such, Malik said what had been creating was a monolithic Islam that was being manipulated for political purpose and turned into tool to either woo or intimidate voters.