After cops walk free, lawyers demand EAIC report on Dharmendran’s death

Malay Mail
by BOO SU-LYN AND IDA LIM

KUALA LUMPUR, Dec 15 — Lawyers are pushing for the Enforcement Agency Integrity Commission (EAIC) to publish the findings of its inquiry into N. Dharmendran’s death in custody, after four police officers were acquitted over his murder.

Bar Council chairman Christopher Leong criticised the commission that announced one and a half years ago in June 2013 its investigation on Dharmendran and another death in police custody case involving R. Jamesh Ramesh, saying the EAIC has been shown to be ineffective in dealing with problems linked to the police.

“EAIC must release its report on its inquiry into Dharmendran’s case,” Leong told Malay Mail Online.

Civil liberties lawyer New Sin Yew noted that the EAIC lacked legal powers to act on police misconduct, but said it should still release the findings of its probe into Dharmendran’s case.

“Even though the EAIC, under the law, they don’t have real bite but the least that they can do is to let the family members and the public know what is the result of the investigation.

“If you are not even able to investigate and come out with a report, whether or not that is legally enforceable and will lead to prosecution, then you have failed in your purpose of being a watchdog,” New told Malay Mail Online, adding that the EAIC should also probe all cases of custodial deaths.

The EAIC - which probes complaints of misconduct against the police and 18 other enforcement agencies - said June last year that the task force set up on May 28, 2013, would review the police’s standard operating procedures that led to Dharmendran’s and Jamesh Ramesh’s deaths.

Last Friday, The High Court acquitted Inspector S. Hare Krishnan and three other police officers of the murder of Dharmendran, a 31-year-old man who died while detained at the Kuala Lumpur police headquarters on May 21, 2013 for the attempted murder of two people in Cheras.

Justice Kamardin Hashim ruled that the prosecution had failed to provide a motive for the four and only provided circumstantial evidence to back its case, also saying that the forensic report was inconsistent with the prosecution’s arguments.

Dr Siew Sheue Feng from Hospital Kuala Lumpur’s Department of Forensic Medicine stated that Dharmendran’s post-mortem revealed that he had died from various injuries caused by blunt objects.

Leong also said today that Dharmendran’s case showed the urgent need for reforms of the police force, particularly its arrest and detention procedures.

“Very often, it is difficult to identify the perpetrators of such a heinous crime alleged to be committed within our police force because of the insulatory and lack of transparency which the police force enjoys,” said the Malaysian Bar president.

Leong said the Inspector-General of Police’s Standing Orders on the use of firearms, for example, are not made public.

“There must immediately be implemented strict safeguards and established as an independent oversight body in the form of the IPCMC as recommended by the royal commission,” he added, referring to the Independent Police Complaints and Misconduct Commission that a royal commission had mooted in 2005.

Leong said it was “shameful” that the police force, whose duty is to protect the public, was perceived as being sullied by deaths in custody.

New similarly highlighted the importance of setting up an IPCMC to “ensure impartial investigation into police wrongdoings and oversight of police abuse of powers”, saying that a compromised investigation would handicap the prosecution.

“There’ll always be another Dharmendran and death in police custody will continue to happen until and unless the perpetrators are scared of the repercussions of their actions. IPCMC would be a step towards this.

“The government instead of having window-dressing like EAIC should start looking at implementing real reforms by establishing the IPCMC. Until then, the perpetrators can and will continue to act with impunity,” he added.

Human rights group Suaram has said over 220 deaths in custody took place in the country from 2000 to May 2013, nine of which happened in 2012 while eight occurred from January to May last year.

Dharmendran’s demise was one of the three deaths in custody in less than two weeks in May last year, sparking fresh calls for the establishment of the IPCMC.