Heart attack? Injuries show otherwise

Horror: Deceased battered, ears stapled

The family of N Darmindran were shocked to see him covered in bruises and his ears stapled. They suspect that he was beaten and tortured to death while in police custody.
FULL REPORT

KUALA LUMPUR: His remains were covered in bruises and both his ears were stapled. This was the dreadful sight that greeted the family of N Darmindran at Hospital Kuala Lumpur this afternoon.

His wife, M Marry, 26, burst out into tears upon seeing her late husband’s condition and was too distraught to talk to the media.

PKR vice-president and lawyer N Surendran, who accompanied the family, was also shocked.

“It was bad enough that his family saw him in this battered state… what made it worse was that we found staples on both his ears with blood stains all around them. This shows that he was not only beaten but tortured as well,” added the Padang Serai MP.

Darmindran, 32, was an Indah Water employee. The father of a two-year-old daughter was arrested on May 11, several hours after lodging a police report that he was involved in a fight. He was held at the Kuala Lumpur police headquarters.

‘This is murder’

Meanwhile, Surendran described the case as the worst since the death of A Kugan in 2009.

“This is by far the worst case of police brutality I’ve seen after Kugan… It is very clear after seeing the body that it is murder. The police can’t give lame excuses anymore,” he added.

Speaking of behalf of the family, Surendran demanded that the police set up an independent team to investigate this matter.

“The family doesn’t want a cover up, the police have to be honest. First, all the police officers involved in Darmindran’s arrest and interrogation must be detained,” he said.

“The Minister of Home Affairs Ahmad Zahid Hamidi and the police must explain the staples found on the victim’s ears and classify this case as murder immediately,” he added.

Surendran also stressed that the Kuala Lumpur police headquarters cannot be involved in the investigation since that was where he was detained, beaten and allegedly tortured.

“The police have to be honest, fair and just. This keeps happening because no stern action has been taken in any of the death in custody cases over the years,” he said.

“I warn the police not to lie in this case… we have seen the body and it does not look like he died of asthma,” he added.

Later in the day, Marry lodged a police report at the Dang Wangi station, claiming that her husband was tortured to death by unidentified police personnel. She wants an independent team from Bukit Aman to investigate her husband’s death.

‘Cops betrayed our trust’

Last night, Darmindran’s father V Narayanasamy, 59, told FMT that he suspects his son was beaten to death and accused the police of betraying the family’s trust.

“They told us not to hire a lawyer. We were hoping that he would be released today. He did not die due to sickness. He would have most probably been beaten to death,” he said.

“We met him on Sunday. he was fine. I was told that he would be out on bail on Tuesday. I wanted to hire a lawyer but the police said it was unnecessary since it was just a fight and my son would be out on police or court bail.

“On Monday, I called the police before we went to court. I was told to call back at 2pm. When I called again, I was told that my son’s remand was extended for another two days,” he added.

Lawyer G Sivamalar, who was with the family last night, said that Darmindran’s wife received a call from an unknown person yesterday.

“The caller did not identify himself. He just said, and I quote, ‘Your husband has asthma. Maybe he is dead. Please check in HKL’,” she added.

She also told FMT that the investigation officer, known as Inspector Kamarul Rizal, confirmed that Darmindran died while being detained at the KL police headquarters.

“How can he just die suddenly?” she asked.

“What is happening in Malaysia? Somebody has died and no one is taking responsibility. Is it so hard to talk to the family for courtesy purposes and allow them to see the body?

“We are living in Malaysia, a so-called democratic country and it is a basic liberty of a family to see the son’s body, the husband’s body,” she said.

Dr M: Better to choose gov't through street demos?

Responding to the series of rallies organised by Pakatan Rakyat to protest against the general election results, former prime minister Dr Mahathir Mohamad suggests that the government be chosen through street demonstrations, instead of elections.

"Perhaps it would be better if governments are chosen through street demonstrations. It will probably be less fraudulent," Mahathir wrote - in his usual sarcastic manner - in his blog Chedet.

He warned that bringing down the government through street rallies would lead to continuous turmoil in the country, for the losers would use the same approach against the new government.

"There will be no growth. Poverty will spread. The country may have to beg for aid or borrow. In the end, it loses its independence.

"But of course, this is a small price to pay for the right to bring down governments through democratic street demonstrations," Mahathir said, clearly referring to the opposition's claim to its democratic right to hold demonstrations.

Mahathir elaborated that setting up a new government after the downfall of the old government as a result of street demonstrations would be difficult.

"There will always be people who will not agree with the new government, no matter if the government is democratically elected or not.

'Losers will always accuse winners of cheating'

"The losers in the bid for power will always accuse the winners of cheating and frauds of all kinds. They will demand for new elections, or a re-count or whatever."

Should their demand not met, he said, they would take to the streets in continuous and even violent demonstrations, supplemented with strikes and sundry disorders.

"They know that if the demonstrations are big enough, the police cannot act against them. If the police try, they will resist and become violent. If the police react with violence then their foreign backers will accuse the police of brutality."

The police would then become disinclined to carry out their duties, and criminals would take advantage and create an insecure situation, Mahathir argued.

"If, on the other hand, new elections are held and the former losers win, the new losers will accuse the winners of cheating, of fraud, etc.

"They will hold street demonstrations and strikes and do everything possible to bring down the government. And so it would go on," he added.

A-G to press rape charges against 40-year-old Sabahan who wed teen

May 22 – Under pressure, Attorney-General (A-G) Tan Sri Gani Patail has said he will press statutory

rape charges against a 40-year-old restaurateur for sex with a 13-year-old girl, regardless of the man’s marriage to the minor.

The public prosecutor has reportedly dropped the charge after Riduan Masmude declared he had wed the teen as his second wife, a decision that sparked a public storm.

“We have never dropped the charge against him.

“I have directed my officers to gather more evidence and we will proceed with the case,” Abdul Gani (picture) told reporters in Putrajaya.

He said his office was collecting further evidence, including a DNA report, and was also asking the Malaysian Anti-Corruption Commission (MACC) to investigate the claim by the girl’s father that Riduan paid him RM5,000 as compensation, a decision that had reportedly been handed down by Sabah’s “Mahkamah Adat”, a special custom court.

Riduan, a father of four children, aged two to 17 years, was charged on February 28 with statutory rape of the girl inside a car parked by the roadside in Inanam near Kota Kinabalu at about 10am on February 18.

He is currently out on RM8,000 bail, The Star daily reported.

On Monday, the Sessions Court gave the prosecution until June 6 to decide whether or not to proceed with the statutory rape charge after the girl allegedly withdrew her rape report against him on April 18.

The Sessions Court had been informed that a Syariah marriage certificate had been presented to the investigating officer to confirm the 40-year-old was now wed to the 13-year-old.

The Sabah Welfare Department is taking steps to take girl under its care and protection while trying to nullify her marriage to the man accused of having sex with her.

Sabah Community Development and Consumer Affairs Minister Datuk Jainab Ahmad was reported saying she had directed her officers to take immediate action to obtain a court order to have the girl placed under the care and protection of the department under the Child Act 2001.

“The girl was only 12 years and six months. I believe the victim is in a trauma. She should be protected instead marrying the man who had raped her,” she was quoted as saying today by state news agency Bernama.

Jainab had cast doubt on the validity of the marriage between Riduan and the girl after checking with Syariah court officials.

“A registrar told me there were two applications one from the man seeking consent to take a second wife, and another from the father of the girl seeking permission for his daughter to marry.

“They told me the father's application was allowed but there was no consent given for the man to take a second wife,” the state minister was quoted as saying.

Reports of child marriages in Malaysia have been increasing in the last few years, as have cases of adults who had sex with minors escaping with jail time.

MIC polls can wait, says Barat Maniam

The senator says the Central Working Committee has the right to delay the presidential election.

PETALING JAYA: An MIC divisional leader today rejected a call for the party to stop delaying its presidential election or risk deregistration.

Responding to an article published in FMT yesterday, Petaling Jaya Selatan MIC chief V Subramaniam said the writer was wrong in saying that the party’s Central Working Committee (CWC) had breached the law in its failure to ensure that the election be held not later than three months before the term of the current president expires.

The writer, an MIC member writing under the name Vivega, argued that the party’s constitution did not give the CWC the right to prolong the term of the president.

He questioned G Palanivel’s legitimacy as president, noting that he was only “acting president”, having taken over the position from S Samy Vellu when the latter resigned in 2010.

He warned that the Registrar of Societies could conduct investigations and deregister the party.

Subramaniam, popularly known as Barat Maniam, had a different view with regard to the CWC’s powers.

“It is wrong to say that the party constitution does not allow the CWC to delay party polls,” he said.

He cited Article 5.1 of the constitution, which reads: “The decision of the CWC shall be final and conclusive in respect of any dispute as to the interpretation, construction, rendering and/or meaning of all or any of the provisions of the constitution or of any word or words contained in such rule.”

He also cited Article 58.3, which specifies that the presidential election must be held “not later than three months before the expiry of the term of the office of the President, unless otherwise decided by the CWC.”

He said the two clauses, read together, gave the CWC arbitrary powers to make final decisions on constitutional matters.

“The CWC decided last year to postpone party polls pending the general election,” he said. “Now that it is concluded, Palanivel is taking the necessary steps to conclude all the processes.

“So it is wrong to say that Palanivel is holding the post illegitimately as his position was decided by the CWC.”

Subramaniam, who is a senator, urged observers to make sure they understand the MIC constitution before making comments pertaining to it.

“Please do not confuse MIC members and the public by misinterpreting the MIC constitution,” he said.

He called for patience among MIC members and other stakeholders, saying it was not Palanivel’s wish to delay the polls.

Charge Riduan, say syariah lawyers

The Star

PETALING JAYA: Syariah lawyers want the Islamic affairs authorities to act against the 40-year-old man who married a 13-year-old girl he had allegedly raped.

“We urge the syariah authorities to do the necessary to charge the wrongdoer as a lesson that marriage is not a way out for adultery or rape,” said Syariah Lawyers Association secretary-general Moeis Basri.

He said under syariah laws, sexual intercourse outside marriage is considered an act of adultery even if the girl consented to it.

Moeis said the man also needed to get the consent of the girl's legal guardian as well as permission from the Syariah Court before marrying the child as she is below 16 years old.

Moeis hoped the Attorney-General's Chambers would proceed with action against the man, adding that the civil court had better jurisdiction and severe punishment for rape cases.

Riduan Masmud, from Kota Kinabalu, is facing a charge of raping the teenager in a parked car in Inanam on Feb 18.

Sessions Court judge Ummu Khatom Abdul Samad had set July 1 to July 4 to hear the case.

Under the Sabah Syariah Criminal Offences Enactment 1995, a person convicted of committing forbidden sexual intercourse, could be fined a maximum of RM5,000, or jailed up to three years or caned a maximum of six strokes, or a combination thereof.

In Malaysia, the legal age for most people to marry is 18. But non-Muslims between 16 and 18 can marry with the consent of the chief minister or mentri besar of their state.

For Muslim boys under 18 and girls under 16, permission must be sought from the Syariah Court.

Meanwhile, Primary Care Doctors Organisation deputy president Dr M. Mahendran said children's reproductive organs were not mature enough and early coitus could damage the vagina or cause pelvic inflammatory diseases which could lead to infertility.

Lawyer Yasmeen Muhammad Shariff, who sits on the United Nations' Committee of the Rights of the Child, said the man should be charged for statutory rape regardless of whether he had married her.

“The law should be respected. It cannot be based on mutual liking as the girl is young and gullible,” she said.

Several women's groups in Sabah and across the nation had expressed outrage over the man, who already has four children, marrying the teenager purportedly to escape criminal prosecution for statutory rape.

The new Inspector-General of Police Tan Sri Khalid Abu Bakar should be censured for wanting to play politics to please his political masters instead of focussing on his first duty to the people – to make Malaysians, tourists and investors safe from crime and the fear of crime.

I have just been informed that two police officers had questioned party adviser and founding DAP National Chairman Dr. Chen Man Hin for one hour and 15 minutes under Section 112 of the Criminal Procedure Code in connection with irresponsible and baseless allegations that the term “Malaysian Spring” which had been used by Dr. Chen in a private email last year was in connection with a conspiracy for violent and illegal overthrow of the elected government.

This is sheer nonsense and a pure waste of police resources, manpower and time when there are more important things for the police to do, as keeping Malaysians free from crime.

Two days ago the sister of the Deputy Prime Minister was victim of a house break-in in Petaling Jaya while the sister of the Inspector-General of Police was another victim of house break-in in Mantin.

With such a rife crime situation, it is downright irresponsible for the police to waste time and resources on a wild goose chase because some errant and irresponsible politicians have made false and outrageous allegations but who has no principles or courage of conviction to lodge official reports.

Is the police prepared to charge these persons who have made made baseless and irresponsible allegations causing the police to go on a wild goose’s case, wasting scarce public resources and time?

New Home Minister Datuk Seri Zahid Hamidi may be able to boast that the police investigation of Dr. Chen is proof of his seriousness as Home Minister. He cannot be more wrong – as it is proof that Malaysia has got a wrong person to be Home Minister who has no idea of what should be his proper sense of priorities.

Obama's Visit Signifies Strategic Importance Of Malaysia In Region

By Siti Radziah Hamzah

KUALA LUMPUR, May 22 (Bernama) -- United States President Barack Obama's visit to Malaysia this October signifies that Malaysia is a country of strategic importance in the region.

Malaysian Investment Development Authority (Mida) Chief Executive Officer Datuk Noharuddin Nordin said the relationship between Malaysia and the US is always strategic as the latter has always been a major contributor to investments in Malaysia.

"I think the visit of President Obama is extremely important as we know the US does not do anything less than that of strategic importance.

"So, his visit can be taken as a signal that he acknowledges that Malaysia is a country of strategic importance in Southeast Asia or within Asia," he told Bernama.

The US president will attend the 4th Global Entrepreneurship Summit (GES) 2013 in Kuala Lumpur on Oct 11, which will mark his first visit to Malaysia.

The GES is a follow-through on Obama's commitment to emphasise the importance of entrepreneurship in Muslim-majority countries globally.

Themed "Empowering and Connecting Entrepreneurs", the two-day event will hosts entrepreneurs from all over the world, thought leaders, researchers and aspiring entrepreneurs.

Noharuddin anticipated more US companies to come to Malaysia, with the assistance from American Malaysian Chamber of Commerce and the Malaysian American Electronics Industry, to invest in high value-added industry including manufacturing.

"Many of the companies already brought into Malaysia their global resource centre, global supply chain, shared services and research and development activities," he said.

Noharuddin expected the trend to continue to be intensified especially with the signal given by Obama.

Malaysia's total investments approved for the first quarter of 2013 increased 44 per cent year-on-year to RM49.3 billion.

Approved manufacturing projects by the US contributed an investment of RM2.52 billion.

Noharuddin also said that Mida had been advocating Malaysian companies to look beyond Malaysia in order to grow their business offshore.

"The advantages for Malaysian companies is that they have already been exposed to international business because there is a lot of multinational companies (MNCs) operating in Malaysia.

"They can benchmark against the operations of the MNCs to explore the opportunities in the global market," he noted.

Horror: Deceased battered, ears stapled

Worst custodial death case since Kugan, says Surendran

The latest case of custodial death, that of N Dharmendran, is the worst that lawyer and newly-elected lawmaker N Surendran has seen since the death of A Kugan in 2009.

Surendran (left) - who has been appointed as lawyer for the family - said both Dharmendran's ears were stapled, and that there had been severe marks of having been hit by the authorities on his thighs and back.

"I have been allowed to view Dharmendran's body with lawyer Latheefa Koya and the family members of the deceased after the pathologist had allowed us to view it at the Kuala Lumpur Hospital (HKL) mortuary."

"There were physical evidence of beatings and torture to the front of his thighs, and at the back of his body, there were beating marks on his back (severe to the point that) it had swelled up.

"The ears are stapled and there are staples left intact, which could be (clearly) seen on the ears.

"This is the worst case that I have seen since Kugan,” said Surendran, who is the newly-elected Padang Serai MP.

Surendran noted that the pathologist will be conducting a post-mortem at about 2pm, and that the results or initial findings would be obtained later.

Dharmendran, 31, was picked up by police on May 11 after he lodged a police report at the Pudu police station when he had been involved in a fight. He has been in remand since that day at the Kuala Lumpur police contingent headquarters.

His parents and wife had not been told of Dharmendran's (left) arrest and were only informed of the matter on Sunday and managed to see him at the police lock-up on the same day. The victim is also known to have asthma.

The victim was supposed to be released on bail yesterday, and the police had waited in court.

However, his wife received a call from the police, who informed her that her husband had passed away and asked her to identify the body at the HKL.

They went there, but were not allowed to view Dharmendran's body until just now.

Earlier details showed that the post-mortem will be performed by Dr Siew Sheue Feng, a HKL pathologist who had also performed checks on alleged sodomy victim Mohd Saiful Bukhari Azlan.

Kugan, 23, from Puchong - and who worked part-time as a tow truck operator - died at the Taipan police station after he was arrested over a spate of thefts of alleged luxury cars in the area. The Kugan case is the subject of an ongoing legal suit by the family against the police and the government.

'Suspend police officers involved'
Following this, Surendran has called on the police to suspend those who had interrogated Dharmendran.

He then urged newly-appointed inspector-general of police (IGP) Khalid Abu Bakar to form an independent investigation team to investigate the death of Dharmendran.

"The investigation should be done by others who are not from the Kuala Lumpur police contingent headquarters to ensure that there is transparency and independence," he stressed.

In addition, Surendran also called on new Home Minister Ahmad Zahid Hamidi (right) to step in as well to guarentee that action will be taken on those responsible.

"The new home minister, besides the new IGP, should ensure the transparency and independence in the police probe into the matter. The authorities should also review their policies of torturing people like in the Kugan case and in Dharmendran's case, as the physical evidence shows," he said.

Surendran added that he - along with the family members of Dharmendran - will be awaiting for the post-mortem, which is expected to be completed later this evening.

Kit Siang needs to brush up his knowledge

Wong Mun Chee
I find it fascinating that Lim Kit Siang had come out with a statement claiming that the appointment of the cabinet minsters and their deputies was illegal since the senators had not been sworn in.

Let’s revisit the federal constitution.

Article number: 43

(1) The Yang di-Pertuan Agong shall appoint a Jemaah Menteri (Cabinet of Ministers) to advise him in the exercise of his functions.

(2) The Cabinet shall be appointed as follows, that is to say -

(a) the Yang di-Pertuan Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representative who in his judgment is likely to command the confidence of the majority of the members of that House; and

(b) he shall on the advice of the Prime Minister appoint other Menteri (Ministers) from among the members of either House of Parliament but if an appointment is made while parliament is dissolved a person who was a member of the last House of Representatives may be appointed but shall not continue to hold office after the beginning of the next session of Parliament unless, if he has been appointed Prime Minister, he is a member of the new House of Representatives, and in any other case he is a member either of that House or of the Senate.
Article number: 43a

(1) The Yang di-Pertuan Agong may on the advice of the Prime Minister appoint Deputy Ministers from among the members of either House of Parliament; but if an appointment is made while Parliament is dissolved a person who was a member of the last House of Representatives may be appointed but shall not hold office after the beginning of the next session of Parliament unless he is a member either of that House or of the Senate.

On both instances above, the key phrase is “but if an appointment is made while Parliament is dissolved... but shall not hold office after the beginning of the next session of Parliament unless he is a member either of that House or of the Senate”

Really, do you need to be a rocket scientist to figure out this? The Parliament is indeed dissolved and neither of the Houses has convened or will until all the appointments have been made, so what is so illegal about the appointments?

With due respect to Lim Kit Siang, I find this a below-the-belt attempt for a lifetime politician with such specious reasoning.   

It may not be his fault but he is still ill-advised by his exuberant legal eagles to make such a callous statement without actual substance.

As for our fellow Malaysians, please educate and enrich yourself with a reasonable amount of knowledge and sound common sense before blindly jumping into the bandwagon, whether it is BN/Pakatan.