'CPO should have stated cause of Kugan's death'

A senior federal counsel personally agreed with a Kuala Lumpur High Court judge that former Selangor police chief Khalid Abu Bakar should have held another press conference after the cause of A Kugan's death was known.

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.

‘Cops delaying murder probe’

N Dharmendaran's family is furious over the delay and the deceased's wife has vowed not to remove her 'thali' until the policemen responsible are charged.

PETALING JAYA: The police have been accused of delaying the murder investigation concerning N Dharmendran, who died recently in police custody.

Expressing disappointment and anger over this, the family’s lawyer N Surendran said the deceased’s wife M Marry, 26, has also refused to remove her “thali” until the perpetrators are charged.

The “thali” is tied around the bride’s neck by the bridegroom during a Hindu wedding ceremony.

Speaking to FMT, Surendran said the authorities were not using their powers effectively in identifying the culprits.

“I blame the government and the police for this delay, only they have the powers and details to take action on the perpetrators, yet they don’t put their sources to proper use,” he said.

“The police and government have never shown interest in cases involving police brutality ever since A Kugan’s case in 2009.

“They have neither had the intention to charge nor prosecute the ones responsible for the deaths in police custody thus far,” added the PKR vice-president and MP for Padang Serai.

Dharmendran, 32, an Indah Water employee was arrested on May 11 shortly after lodging a police report that he was involved in a fight earlier that night.

The father of a two-year-old daughter was held at the Kuala Lumpur police headquarters and was sent to HKL, where he died, on the night of May 21 due to an alleged asthma attack.

However, the post-mortem revealed that he had died of blunt force trauma. The family was also horrified to discover that his body was covered with bruises, while his ears and ankles were stapled.

On May 23, Kuala Lumpur police chief Mohmad Salleh confirmed that Dharmendran’s case was being investigated under Section 302 of the Penal Code for murder.

Mohmad also confirmed that the investigations were being carried out by a special team from the Bukit Aman police headquarters.

Time for IPCMC

Another lawyer for the family, Latheefa Koya also agreed that the police were delaying the investigation process on purpose as they should have all the necessary details by now.

“It’s clearly a delaying tactic. They can easily identify the perpetrators as they have all the details

“As long as there is no political will from the government to set up the Independant Police Complaints and Misconduct Commission (IPCMC), BN will always protect the police and vice versa,” she added.

The lawyers would accompany the family of Dharmendran to express their dissatisfaction with the police at a press conference scheduled for tomorrow.

IGP to head special committee to prevent deaths in police lock-ups (Updated)

Bukit Aman management director Commissioner Datuk Mortadza Nazarene.

KUALA LUMPUR: Bukit Aman has formed a special committee to take steps in order to prevent deaths in police lock-ups.

The committee, led by Inspector-General of Police Tan Sri Khalid Abu Bakar, was formed following the death of N. Dhamendran during detention on May 21, Bukit Aman management director Commissioner Datuk Mortadza Nazarene said Tuesday.

The steps the committee is taking include frequent visits by doctors to check on the well being of detainees.

Comm Mortadza said currently, doctors would only visit the lock-ups when necessary.

"We are in discussions with the Health Ministry to iron out the details so that this can be implemented as soon as possible," he told a press conference at Bukit Aman.

He said the committee, which consists of the CID director, Inspector-General of Police secretariat personnel and himself, has also implemented centralised lock-ups for the detention of suspects.
"These lock-ups come equipped with CCTVs, intercom systems, a drop-off area for 'Black Maria' trucks, lawyer's room, courtrooms, control centre, mess area, transit room and identification parade room," he said, adding that detainees from various district police headquarters (IPD) would be brought to these central lock-ups instead of being held at the IPDs.

Comm Mortadza said four central lock-ups were already in operation at Jinjang, Shah Alam, Indera Mahkota in Kuantan, and Kota Kinabalu.

He said the committee has also agreed on visits by Suhakam, with the permission of the lock-up warden.

"We welcome Suhakam representatives to come over for discussions on these visitations which can begin immediately," he said.

It was reported that Dharmendran had complained of chest pains while being detained at the Kuala Lumpur police headquarters lock-up and was immediately sent to the Kuala Lumpur hospital for treatment but died upon arrival.

City police chief Deputy Comm Datuk Mohmad Salleh said post mortem results revealed the victim might have been murdered while in police custody at the Kuala Lumpur police headquarters.
A special taskforce from Bukit Aman CID has taken charge of investigations and its deputy director, Deputy Comm Datuk Hadi Ho Abdullah, said statements of a number of witnesses have been taken to get a clearer picture of the circumstances behind Dhamendran's death.

Cops being questioned over Dharmendran's death

Several individuals including police officers have been hauled up to assist in the investigation into the custodial death of N Dharmendran.

Bukit Aman Criminal Investigation Department (CID) deputy director Hadi Ho Abdullah stressed that the police will not compromise on the matter even though this had happened in the custody of the Kuala Lumpur serious crimes division, Berita Harian reported today.

"We have called up a  number of officers to record their statements to assist in the investigation before we identify those who responsible for the cause of death,”  he was quoted as saying.

"The investigation will be done as swiftly as possible so that those responsible for causing Dhamendran's death will face action according to law."

Bukit Aman police headquarters had said in a statement yesterday that it has taken over the investigation after the post-mortem report indicated the possibility of criminal elements in Dharmendran's death.

"For this purpose, a special team has been formed to ensure that the investigation is conducted transparently and fairly. It will not shield any officers found to be involved," it said.

Yesterday, the police recorded a statement from Dharmendran's wife M Marry and her lawyer N Surendran (left).

They were among eight individuals whose statements have been recorded to date, according to Berita Harian.

Dharmendran was reportedly arrested when he lodged a police report after being involved in a fight on May 11.

His wife and parents only knew of his arrest on May 19 and had visited Dharmendran at the police lock-up.

He was to have been released on bail on May 21 but Mary received a call saying he had died.

Kuala Lumpur CID chief Ku Chin Wah was quoted as saying that the 31-year-old had died as a result of breathing difficulties.

However, police later classified the case as murder after a consultant pathologist at Hospital Kuala Lumpur confirmed that Dharmendran had died of multiple blunt force trauma.

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