MIC’s muted response to deaths irks members

MIC members want the party president to be more vocal is addressing the recent spate of deaths in police custody

PETALING JAYA: MIC president G Palanivel’s muted response to custodial deaths is riling-up party leaders and members alike. They want him to be more action oriented rather than issuing watered down press statements.

“Grassroot leaders are members are thoroughly disappointed with him. They want the president to be more vocal,” a party central working committee (CWC) member who did not want to be named told FMT.

He said although there were three reported custodial death cases in the past two weeks, Palanivel could only issue a press statement wanting the government to investigate the deaths.

To make matters worse, the president is also keeping mum on a call by party strategy director, S Vell Paari, who wanted Palanivel to summon an emergency CWC meeting to discuss the issue.

“Last week, Vell Paari, who is also a CWC member, sent a (sms) message to secretary-general A Sakthivel requesting for an emergency CWC meeting.

“Instead of replying to the request, Sakthivel said that the death of N Dhamendran (who died while in police custody two weeks ago) was discussed at the cabinet meeting,” said the highly placed source.

He said although it was right for the cabinet to discuss the matter, the MIC being the largest Indian based political party in the country, should have taken a stronger stand on the matter.

Press statements no good enough

There have been 2,571 deaths in police custody between 1999 and 2009.

The source said the case of C Sugumaran, who died in police custody a few months ago was also discussed in the cabinet but until today no solution had been found to the problem.

“MIC taking this matter to the cabinet is just a political stunt to pacify the Indians. Palanivel has been using this line countless times but without any tangible result. How long is he going to cheat?” asked the source.

Sugumaran was allegedly beaten by policemen and the public after being handcuffed and waiting to be taken to the police station. Sugumaran succumbed to injuries and died at the scene in the incident in Hulu Langat.

His family members are still waiting for a second autopsy by independent experts, after the first post mortem report by the Serdang Hospital attributed the cause of death to heart attack.

The party source said MIC must take drastic action to curb deaths in custody as 80% of such cases involved Indians.

“It is not good enough issuing press statements when the people want action.

Late last week, Palanivel said a press statement on the matter was enough as the issue was being handled by the authorities.

Dhamendran died at the Kuala Lumpur police headquarters lock-up on May 21, followed by R Jamesh Ramesh who was found dead at the Penang police headquarters on May 26 while 42-year-old former engineer P Karunanithi died while in police custody in Tampin on May 30.

‘Only IPCMC can end custodial deaths’

Crime watch group calls for immediate establishment of IPCMC amid mounting reports of custodial deaths.

PETALING JAYA: Only the establishment of an Independent Police Complaints and Misconduct Commission (IPCMC) would put an end to custodial deaths and disciplinary issues of PDRM.

The Malaysian Crime Watch Task Force (MyWatch) said today the independent, external oversight body should consist of “high ranking PDRM officers, retired police officers, judges and a few representative of NGOs”.

“(The) committee established by PDRM which headed by IGP himself is not good enough which may subject to many cover ups,” MyWatch chairman R Sri Sanjeevan said in a press statement.

“(We) would like to offer ourselves to be part of IPCMC, being a crime watchdog with former IGP (Inspector-General of Police) Musa Hassan as our patron,” he added.

Sanjeevan commended Home Minister Ahmad Zahid Hamidi’s statement in which the latter said his ministry and PDRM “will never tolerate officers who do not follow the standard operating protocols of PDRM”.

“We believe that the Inspector General’s Standing Order (IGSO) which is the SOP for PDRM shouldbe reviewed if made know to public for awareness as there is no secrets in it,” he said.

“(We also) support the move of IGP Khalid Abu Bakar to form a new Crime Prevention Department and merge existing NKRA (National Key Result Areas) department and hope they’ll be more focused and fight crime,” he added.

Sanjeevan then hoped the “new leadership of PDRM” would engage with his group on crime prevention matters as MyWatch “would like to bring forward more grievances of Malaysians to their attention”.

“MyWatch has collected many evidences of wrong-doings of PDRM officers in many police contingents as well as Bukit Aman level, which will be passed on to the IGP and Home Minister to be taken action without fear or favour,” he said.

“We believe in the new leadership therefore we’re prepared to work with them as we’re serious on fighting crime.”

Don't practise double standards, Waytha tells police

The Malaysian Hindraf Association has urged the police to stop practising double standards in investigating its own officers over deaths in police custody, which have been on the rise in recent weeks.

The association’s chairperson P Waythamoorthy said in a statement today that the Home Ministry should also immediately sanction an independent inquiry into the three deaths in custody which have taken place in the last 11 days.

P Karuna Nithi, a 42-year-old former engineer, was the latest death-in-custody victim who died in a lock-up in Tampin on Saturday.

This follows the death of N Dhamendran, 32, who died at the Kuala Lumpur police headquarters on May 21, and the death of R Ramesh Jamesh, 40, who died at the Penang police headquarters on May 26.

"Though the police claim to be investigating a murder case (over Dhamendran’s death), none of the suspects have thus far been arrested and remanded pending completion of investigations.

"This has raised suspicion amongst the public as ordinary suspects are normally arrested and remanded on the flimsiest accusations.

"Aren’t the police practising double standards?" Waythamoorthy, who was recently appointed deputy minister in the Prime Minister’s Department said in his statement.

"The police can never go on giving flimsy excuses for these mysterious deaths and apply double standards in the investigations involving their own men."

BN men also condemn deaths

Meanwhile, MIC president G Palanivel urged a neutral body to be set up to oversee detainees being held in police custody.

"All persons who are detained should not be locked up in local police stations.

"They should be immediately transferred to the respective state police headquarters,” he said in a statement today.

He added that the detainees should be treated fairly and any form of punishment meted out should be by the courts and not the police.

In another statement, Gerakan vice-president A Kohilan Pillay, who described the deaths as "unacceptable", said  the police should not act as executioner.

"I hope that action will be taken immediately to find those who are truly responsible for the death of the three men.

"At the same time, swift preventive measures must be taken to curtail any future deaths in custody as it will only tarnish the already stained image of the police force," he said.

However, both of the BN men made no specific mention about an Independent Police Complaints and Misconduct Commission (IPCMC) which the opposition said it will push for in the coming Parliament sitting and has asked for the ruling coalition’s support.

In a separate statement, NGO Suara Rakyat Malaysia (Suaram) claimed that Karuna Nithi’s death was the eighth death in police custody this year alone.

"Unfortunately the list is sure to grow longer by the end of the year. Interrogation methods and the standard operating procedure (SOP) in handling suspects must be urgently reviewed and reformed.

"The police force must undergo an immediate overhaul and provide urgent training in basic human rights and the proper and humane treatment of prisoners and detainees," said Suaram coordinator R Thevarajan.

It demanded an end to these "serious violations of human rights".

Cops in Dhamendran's case will be suspended

Police personnel allegedly involved in the death in custody of N Dhamendran will be suspended from daily duties, said Home Minister Ahmad Zahid Hamidi.

“It’s in the process,” he answered briefly when asked about the demands for the suspension of the four police personnel who were only reassigned to desk duties following Dhamendran's death.

Zahid was responding to the call after meeting with Jeremy England, the head of regional delegation of the International Committee of the Red Cross at the ministry in Putrajaya today.

Malaysiakini was barred from covering the event, but was able to obtain a recording of Zahid's brief interview at the doorstep to his office.

This is the first time ever that Malaysiakini has been barred from covering a Home Ministry event.
Incidentally, the Defence Ministry began barring Malaysiakini from covering its events only after Zahid became defence minister in 2009.

On the three deaths in police custody within 11 days, Zahid defended the police on grounds that it was not fair to blame the police force as a whole.

He said should some police personnel go beyond the standard operating procedure for interrogation, then they should bear the responsibility, not the entire police force.

“So, to blame the entire police force as a form of protest is not fair,” Zahid said, adding that there would be no compromise on any case of death that takes place during police investigation.

The standard operating procedure may need to be reviewed, he said.
When asked about MIC director of strategy S Vell Paari who, along with Indian-based NGOs, was considering to hold street protests due to the cases, Zahid suggested that they do otherwise based on the same reason.
'Deeply concerned'

“My deputy (minister) and I are deeply concerned regarding this matter, and this not just based on the capacity of myself as a person who was given the responsibility to head this ministry, but we also stressing the humanitarian aspects,” he said.

He also believed that the special committee led by inspector-general of police (IGP) Khalid Abu Bakar, which is to curb incidents involving deaths in police lock-up, will do a good job for the sake of the whole country.

On May 21, N Dhamendran, 31, was found dead after being remanded at the Kuala Lumpur police contingent headquarters. Police said he died of breathing difficulties.

However, the case was classified as murder after a post-mortem found that his body had marks of torture.

Jobless man R Jamesh Ramesh, 40, was found dead in a police station lock-up in Penang on May 26. Police said he died of liver failure.

Two days ago, engineer P Karuna Nithi became the third person to die in police custody in less than two weeks.

Despite the family members of the deceased claiming that injuries were found on his body, Negri Sembilan police chief Osman Salleh said that there is no sign of foul play involved.

Custodial deaths: Street rally mulled

WargaAman and S Vell Paari are considering holding a rally to drive home the point that custodial deaths cannot be tolerated and that the IPCMC must be formed.

PETALING JAYA: A MIC leader and a coalition of Indian-based NGOs are mulling a street rally to protest against custodial deaths.

Speaking to FMT, WargaAman secretary-general S Barathidasan said that the idea was mooted by MIC strategy director S Vell Paari.

“We held a discussion on the matter and both WargaAman and Vell Paari agree that custodial deaths are becoming rampant and require drastic action. If we can hold rallies for political, religious and racial reasons, why not this?” he added.

Barathidasan said that WargaAman would meet with other NGOs and invite them to participate in the protest as well.

He stressed that both WargaAman and Vell Paari also wanted this to be a bi-partisan effort, with the involvement of Pakatan Rakyat politicians as well.

“Political differences must be set aside for this issue. This is also not a racial matter. It is a Malaysian issue and Malaysians of all races must come together.

“We must send a strong message to the authorities that we do not condone such violence, and the police must learn to investigate crimes as opposed to beating suspects to death,” he added.

Barathidasan said the protest wold also highlight the need to establish the Independent Police Complaints and Misconduct Commission (IPCMC).

“This is simply disgusting. Are the lives of Indians in this country so cheap and worthless that at least one Indian should die in police custody every other day?” he asked.

“During the arrest, the detainees were in good health, after being remanded in a police lock-up, the families are informed that the detainees died of heart failure, due to illness and so on,” he added.

Barathidasan said since Ahmad Zahid Hamidi was appointed home minister, there have been a spate of custodial deaths.

“He has failed in his duty, Zahid must resign if he cannot solve this problem,” he added.

‘Why is the probe taking so long?’

Recently, the police landed in the limelight following the death N Dhamendran, 32, whose remains were found to be covered in bruises, while his ears and ankles were stapled.

Following the post-mortem report that the victim died from blunt force trauma, the police classified the case as murder, and those involved have been re-assigned to desk duties.

On Saturday, a 42-year-old former engineer P Karuna Nithi suddenly died while in police custody in Tampin, Negeri Sembilan, and bruises were found on his body.

Meanwhile, Malaysian Hindu Movement leader S Sanjay also pledged support for the protest and vowed to mobilise the people.

“This is a serious issue and all Malaysians must lend their support. We must take to the streets to seek justice,” he added.

On the same note, Sanjay said Deputy Minister in the Prime Minister’s Deparment P Waythamoorthy must resign for failing to take a stronger stand apart from asking for the policemen involved to be suspended.

“He used to make so much of noise about custodial deaths when he was on the ‘outside’ but now, when he is on the ‘inside’, he seems to have toned down,” he added.

Sanjay also criticised the police for dragging its feet in the investigation concerning Dharmendran’s death.

“Why is it taking the police so long to investigate? Why don’t the police beat up the cops involved to extract a confession… Isn’t that their stand procedure,” he said.

The Malaysian Indian Business Association (Miba) has also backed the call for a protest, stating that Malaysian police do not conform to international standards.

Its president P Sivakumar said that the police showed little if no signs of changing despite the high number of custodial death cases.

“There is no change despite the pledges from the police and home minister… it seems the prevailing attitude is like ‘after all, only Indians have died,” he added.

Why the double standard?

Contacted later, Vell Paari said he was disappointed with the authorities and therefore decided to push for the protest.

“Custodial deaths are becoming a constant event. They are always followed by a big hue and cry… Then all is forgotten until another death happens. Is there no respect for life?

“Our government can grief for Palestinians, can demand the United Nations to intervene and even risk death by sending ships with aid through the Israeli naval blockade. But it can’t seem to do or feel the same for our citizens who die in custody. Why this double standard?

“In what way is the grief of the mothers of those custodial death victims different to the cries of the mothers of Palestinian victims?” he asked.

Vell Paari said that it was the Hindraf rally that changed the government’s attitude towards the community.

“So if it takes another rally to bring about the setting up of IPCMC, so be it. I have spoken to WargaAman to coordinate this rally and I would support and work with them,” he added.

Commenting on Zahid’s statement that the police must not be demoralised, Vell Paari said: “The demoralised can be ‘re-moralised’ but can a life lost be returned, Mr Minister?”

The MIC leader also reiterated his stand that those involved in Dhamendran’s case must be suspended and arrested pending investigation.

On the same note, he questioned if outside parties, with an interest in the respective cases, were influencing these policemen to mete out violence on the victims.

Sacked branch chief sues DAP

G Asoghan says the disciplinary panel has no authority because it was appointed by a CEC whose election is under dispute.

BUTTERWORTH: A former DAP branch leader is seeking a court order against his expulsion from the party.

G Asoghan, who was chairman of the Jalan Bagan Luar branch when he was sacked last April, filed a writ this afternoon at the High Court here.

He named as defendants five members of the party’s disciplinary committee—Tan Kok Wai, Tan Siang Piau, M Kulasegaran, P Ramasamy and Lim Hock Seng—as well as the party itself.

“I am seeking a court declaration that the decision taken by the first five defendants was null and void,” he told a press conference here.

“I am seeking a declaration to invalidate the termination letter against me. I also want the court to order the sixth defendant, the DAP, to reinstate me as a rightful party member.”

He is also claiming damages, costs and other reliefs deemed fit by the court.

Asoghan had been a party member since 1992. Last April 23, the head of the disciplinary committee, Kok Wai, issued him a termination letter for his “act of standing as an independent candidate in the Bagan Dalam state constituency”

The letter said the offence was a “serious breach of party discipline”.

Asoghan said the termination letter was invalid because the disciplinary committee was formed by a central executive committee whose election last Dec 15 was under dispute.

The Registrar of Societies (ROS) is yet to recognise the validity of the election following reports of vote rigging.

In line with this, Asoghan said, the party’s candidature letter for the 13th general election was also null and void.

He also said there were rumours that party secretary-general Lim Guan Eng would like DAP to be deregistered because he did not want a re-election conducted by ROS.

Deregistration would also help Lim get rid of 1,300 delegates who were against him, Asoghan alleged.

“Lim and his cronies are not bothered about the party,” he said. “They are keen only to protect their selfish interests.”

Enam laporan polis terhadap wanita didakwa hina yang di-pertuan agong

(Bernama) - Polis Kuala Lumpur menerima enam laporan berkaitan tindakan seorang pemilik akaun Facebook yang didakwa menghina Yang di-Pertuan Agong Tuanku Abdul Halim Mu'adzam Shah.

Timbalan Ketua Polis Kuala Lumpur SAC Datuk Amar Singh Ishar Singh berkata semua laporan itu dibuat di Balai Polis Dang wangi oleh individu yang mewakili enam pertubuhan bukan kerajaan (NGO).

"Wakil-wakil NGO ini telah membaca laman Facebook atas akaun nama seorang wanita yang telah mengeluarkan komen menghina Yang di-Pertuan Agong dan berkecenderungan menghasut," katanya dalam satu kenyataan hari ini.

Beliau berkata kes disiasat mengikut Seksyen 4 (1) (b) Akta Hasutan 1948. Sehubungan itu Amar Singh menasihatkan orang ramai agar menghormati undang-undang negara demi memelihara keharmonian sejagat dan berkata polis tidak akan teragak-agak mengambil tindakan sewajarnya ke atas mana-mana pihak yang cuba mengganggu-gugat keselamatan negara.

Sirul Azhar claims mistrial, seeks acquittal

(Bernama) - Former police Special Action Unit personnel Sirul Azhar Umar, who was convicted for Altantuya Shaariibuu's murder, filed an application to the Court of Appeal here today seeking for his acquittal, claiming there was a mistrial by the Shah Alam High Court.

A notice of motion filed by legal firm The Chambers of Kamarul Hisham and Hasnal Rezua at the Court of Appeal registry here was in an attempt to include additional grounds of appeal.

In the application, former Corporal Sirul Azhar claimed that he was exposed to extensive "adverse publicity" during the trial which was misleading and prejudicial to him, thus denying him a fair trial. He is seeking for the Court of Appeal to declare the trial a mistrial, his conviction be set aside and he be set free.

Sirul Azhar, 39, claimed the adverse publicity he received had caused a probability that the high court judge was biased, rendering his conviction unsafe.

Sirul Azhar claimed he was exposed to adverse publicity through three statutory declarations, two made by private investigator the late P. Balasubramaniam and one by Raja Petra Kamarudin.

He said Balasubramaniam's first statutory declaration, made after the prosecution closed its case on June 23, 2008, contained matters prejudicial to him as those matters were not disclosed in his (Balasubramaniam's) testimony at the trial. He said Balasubramaniam had, on July 4, 2008, made another statutory declaration stating that he was withdrawing his first statutory declaration.

Sirul Azhar said the declarations were extensively uploaded in various websites and had been the subject of various speculation, debate and extensive commentaries from the general public, legal practitioners and leaders which were interpreted as questioning the veracity and authenticity of the declarations.

He said the principal questions hovering in the minds of readers having access to the materials would be, "What prompted the appellants to kill the victim" and "Who gave instructions to have the killing carried out by the appellants".

Sirul Azhar said Raja Petra had, on June 21, 2008, uploaded the latter's statutory declaration on an Internet website stating that three other people were also present when the victim was killed, which was interpreted to mean that he (Sirul Azhar) was the killer.

He claimed Raja Petra had also uploaded a copy of a caution statement believed to be his (Sirul Azhar's) stating that he (Sirul Azhar) had admitted to killing the Mongolian woman.

Sirul Azhar and former chief inspector Azilah Hadri were found guilty and sentenced to death by the Shah Alam High Court in 2009 for killing Altantuya, then 28, at Mukim Bukit Raja in Shah Alam between 10pm on Oct 19, 2006 and 1am on Oct 20, 2006.

Former political analyst Abdul Razak Baginda, who was charged with abetting them, was acquitted by the high court on Oct 31, 2008 after the prosecution failed to establish a prima facie case against him.

Their appeal against their conviction and death sentence is scheduled to be heard by the Court of Appeal on June 10.
Sirul Azhar's lawyer Kamarul Hisham Kamarudin said a copy of the notice of motion would be served to the prosecution.