Justice VT Singham asked senior federal counsel Azizan Md Arshad several times whether he thought that Khalid (left), now the inspector-general of police, should have held another press conference to clarify matters surrounding Kugan's death.Khalid, at an earlier press conference, had said Kugan had died after water was given to him.
Subsequently, an independent post-mortem revealed that the 22-year-old had endured severe beatings, was starved during his incarceration, and died of kidney failure due to the assault.
Kugan's family has filed an RM100 million claim against Khalid, the police force and the government, and specifically against Khalid, for trying to cover up the cause of Kugan's death while in police custody.
Judge Singham: Do you think that the first defendant (Khalid) should have held a second press conference as the plaintiff had alleged a cover-up? Should he clarify?
Azizan: I cannot say. Only God knows (why this was not done).
Singham: Why wasn't (this questioned in court)? When the first defendant held the press conference, was it before the first post-mortem or after?
Azizan: Before, when Khalid said he was briefed by ASP Rodney Paslan that water was given to (Kugan) before he died.
Singham:
Don't you think that he should have held another (press conference
when) the real cause of death was made known after the first
post-mortem? Come on, tell and assist the court.Azizan: Personally, I feel it (the press conference) should have been held.
The parties were submitting at the end of the suit filed by Kugan's mother, N Indra (right), over his death while in custody at the Taipan police station in Subang Jaya.
Kugan, who died on Jan 20, 2009, was a tow-truck operator who had been arrested by police on suspicion of theft of luxury cars.
‘Blunt force trauma caused death’
Justice Singham also pointed out that pathologist Dr Abdul Karim Tajuddin, who conducted the first post-mortem, had testified during the criminal trial in March 2010 that blunt force trauma was the cause of death.
Abdul Karim had, in his post-mortem report, stated the cause of death to be pulmonary edema (water in lungs). He has since been sanctioned by the Malaysian Medical Council.
Sivarasa Rasiah, representing Indra, submitted that she is entitled to damages in excess of RM5.2 million based on loss of support, funeral expenses, pain and suffering, assault and battery, false imprisonment and misfeasance in public office.
Sivarasa said exemplary damages should also be awarded, so that this would serve as a lesson to others.“Exemplary damages can be awarded against the wrongdoer for breach of public duty. Such relief for depriving the fundamental rights of the person in custody is sound policy to punish the wrongdoer,” he argued.
The court is vested with discretionary power to award remedies for contravention of human rights and fundamental freedom, said Sivarasa (right), who was assisted by Bani Prakash.
“The purpose of relief is to uphold or vindicate the constitutional right that had been contravened,” he said, adding that Indra is also seeking costs at RM150,000.
Justice Singham set June 19 for the delivery of the judgmnent.
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Yesterday, the police recorded a statement from Dharmendran's wife M Marry and her lawyer N Surendran (left).