Judge: Cops both judge, jury in Kugan probe

The Court of Appeal has come down hard on the police, accusing them of acting as both “judge and jury” when investigating the police officers and men in their probe into the death of A Kugan.

In his written judgment on the case, Justice David Wong Dak Wah expressed concern over the admission of former Selangor police chief Khalid Abu Bakar that he negotiated with the attorney-general for investigations into the death to be confined to Section 330 of the Penal Code for voluntarily causing hurt.

Justice Wong described Khalid's actions as an affront to fair play and transparency.

“What appears to have happened was that the police had become the judge and jury of a complaint made against their behaviour in relation to the death-in-custody case.

“This conduct, with respect, misses the point completely and that is the police force at that point in time was ‘on trial’ and to allow the police to determine what ought to be done was simply asking the wrongdoers to do their own investigations and determine the appropriate actions.

“Common sense militates against such a course of action,” he said in the 51-page judgment based on Khalid's testimony in the High Court in Kuala Lumpur.

Khalid is now the inspector-general of police.

The appellate court had on Aug 8 waived the false imprisonment claim and allowed a reduction in the quantum of damages by RM100,000 in relation to the Kugan's death in police custody and awarded his family RM701,700.

The court also called for “zero tolerance” of custodial deaths and recommended that independent public inquiries be held for all such cases.

Besides Justice Wong, the other judges in the unanimous decision were Justice Mohd Arif Mohd Yusof and Justice Mah Weng Kwai.

Why no inquest into death?

The court also questioned why there was no inquest done into Kugan's death when it was found that there were discrepancies in the first post-mortem, with the second post-mortem finding the cause of death to be otherwise.

“We are perturbed by the fact that no inquest was held as permitted by Section 334 of the Criminal Procedure Code, when the second autopsy by itself should have warranted a full investigation of the circumstances in which the deceased met his death.

“We must also not forget that where there is a custodial death, the family of the deceased is entitled to know the truth as to what had happened during the detention. That is their intrinsic right to know.

“This entitlement to know can be easily understood by just asking the simple question - what if it is your 22-year-old son who had died  in custody,” the judment says.

To add credence to the call for an inquest or a public inquiry, the unrebutted allegation of the second defendant, Constable V Navindran (left), that he was made “the fall guy”, raises more questions.

Justice Wong said a full public and independent inquiry may have given insight into this matter.

The court also questioned the Taipan police station lock-up diary, which showed Kugan was in a good condition and looking at the testimonies of the police witnesses, the judiciary had the impression that they were not willing “to spill the beans”.

“Common sense and common decency demand that a full public inquiry be initiated, which would have served both the private and public interests in a manner demanded in a civil society,” Justice Wong.

He added that the judges agreed with the KL High Court judge's findings leading to the irrefutable conclusion that Khalid, Navindran and former Subang Jaya district polic chief, the late Zainal Rashid Abu Bakar, breached their duties.

The judge further described the police action fell far short of the standard operating procedure which require more disclosure than what had happened in this case.

In upholding the exemplary damages for public misfeasance, Justice Wong said they found there is a breach of Kugan's constitutional right by a public authority and that the courts cannot be barred from awarding this damages.

The Court of Appeal also agreed with the High Court judge's findings in affirming the quantum of exemplary damages awarded.

Cops were judge and jury in Kugan’s case

The Court of Appeal said the police force was "on trial" and to allow them to determine what ought to be done was simply asking the wrong-doers to do their own investigation.

PUTRAJAYA: The police took on the roles of judge and jury over a complaint lodged against their behaviour in the case of luxury car theft suspect A. Kugan, who died in police custody about five years ago.

The Court of Appeal in its 51-page written judgment said this conduct missed the point completely and that it was the police force at that point in time which was “on trial”.

“And, to allow the police to determine what ought to be done was simply asking the wrong-doers to do their own investigation and determine the appropriate action.

“Common sense militates against such a course of action,” said Justice David Wong Dak Wah, in the judgment today.

He said the panel was also rather perturbed by the admission of first defendant (Khalid Abu Bakar, former Selangor police chief and current Inspector-General of Police) that he had negotiated with the attorney-general that investigation was to be confined to an offence under Section 330 of the Penal Code.

The section deals with offences of voluntarily causing hurt to extort confessions or to compel restoration of property.

Wong said this was an affront to the concept of fair play and transparency and the police had become judge and jury of a complaint made against their behaviour.

In a unanimous ruling, the panel headed by Justice Mohamad Ariff Md Yusof, which also comprised Justice Mah Weng Kwai, held that where there was custodial death, the family of the deceased was entitled to know the truth as to what had happened during the detention.

“That is their intrinsic right to know. This entitlement to know can be easily understood by just asking the simple question: What if it is your 22-year-old son who had died in custody?” asked Wong.

He stressed that custodial death could not and should not happen in this country and that there should be zero tolerance for any custodial death at all remand centres.

Therefore, the panel upheld a High Court decision which found the police force, former police constable V. Navindran and the government liable for Kugan’s death while under police custody in January 2009.

However, the court reduced the amount of damages from RM801,700 to RM701,700 after setting aside RM100,000 for false imprisonment awarded by the High Court last year.

Wong said as for quantum of the exemplary damages, there was no reason to disturb the award granted by the High Court judge as it commensurated with the actions of the defendants.

High Court Judge V. T. Singham, in his decision on June 26 last year, awarded Kugan’s mother, N. Indra, RM851,700 in damages for assault and battery, false imprisonment, misfeasance, pain and suffering after finding that the plaintiff had established her claim against the defendants.

On January 13, 2012, Indra filed a civil suit against then-Selangor police chief Khalid, Navindran, former Subang Jaya police chief ACP Zainal Rashid Abu Bakar (now deceased), the then-Inspector-General of Police and the government.

Kugan, 22, died at the Taipan USJ police station on January 20, 2009.

Last year, Navindran was the only one held responsible for Kugan’s death and sentenced to three years’ jail.

– Bernama

Court: 'Zero tolerance' on custodial deaths - Malaysiakini

The Court of Appeal said today there should be zero tolerance of custodial deaths and is recommending that independent public inquiries be held on all such cases.

The appellate court said this when allowing the reduction in the quantum of damages, including waiving of a false imprisonment claim, in relation to the death of A Kugan in police custody five years ago.

With this, Kugan's family is awarded RM701,700 in exemplary damages including tort of public misfeasance (abuse of power).

The summary judgment of the decision was read out by Court of Appeal judge David Wong Dak Wah.

The other judges who were favourable to maintaining most of the damages were Justice Mohd Arif Mohd Yusof and Justice Mah Weng Kwai.

Justice Mohd Arif led the three-member bench.

Justice Wong, in describing this as a difficult case as the law had yet to be developed especially in cases of public misfeasance, said custodial deaths cannot and should not happen in this country.

“There should be zero tolerance to any custodial death in all remand centres in the country. And should custodial death happen, a public independent inquiry must be initiated commensurate with the right of the family of the deceased to know when there is some doubt as to the cause of death.”

Kugan's mother Indra Nallathamby, 44 (right), named the then Selangor police chief Khalid Abu Bakar (now inspector-general of police), police constable Navindran Vivekanandan, the then Subang Jaya police chief Zainal Rashid Abu Bakar (now deceased), as well as the then inspector-general of police and the government as defendants.

No ombudsman system

Justice Wong noted that since the country does not have an ombudsman system, as recommended by the royal commission of inquiry, the court would have to take up the role.

An ombudsman, as imposed in some parliamentary democracies, is a public advocate with a significant degree of independence, who will be responsible in looking at the interests of the public in investigating mal-administration and violation of rights.

“In Malaysia, we do not have an ombudsman or an Independent Police Complaints and Misconduct Commission (IPCMC) for police reform.

“In this case, the intention of Kugan’s family is clear and that is to hold the defendants responsible and accountable for their unlawful action as public officers.

“It is not just a case of merely being compensated, it is more and that is to ensure that the public officials who are supposed to be guardians of the constitution are brought to task and that such unlawful actions should not happen again.

“Remand prisoners are innocent until convicted in a court of law and are entitled to their basic human rights,” Justice Wong said in reading out the judgment.

Why false imprisonment claim was not allowed

In ruling out the claim for false imprisonment, Justice Wong said that while the judge at the High Court in Kuala Lumpur ruled that this was the case, the appellate court decided otherwise.

He said the remand of Kugan was the consequence of a judicial act, being an order given by a magistrate on Jan 15, 2009.

“Unless and until this remand is set aside by way of a criminal appeal or revision by the High Court, that remand remains lawful. It is undisputed that no such application to the High Court had been made by the plaintiff (Kugan's mother) to declare the remand order as unlawful.

“We are of the view that a separate suit, by way of criminal revision, should have been commenced and not through this civil suit. It is our respective view the abuses which the deceased endured do not and cannot give rise to a cause of action of false imprisonment.

“Accordingly, we find that the tort of false imprisonment is not available to the plaintiff as there is a valid remand,” the judgment states.

Hence, for this reason, the Court of Appeal did not allow the false imprisonment claim of RM100,000 that the High Court also awarded.

Constable Navindran's liability reduced

The court said there is merits to the appeal by Navindran, the police constable charged with injuring Kugan, as the trial judge also found there were other policemen involved in beating up Kugan.

Wong said despite those findings, the trial judge (Justice VT Singham) did not take this into consideration when determining the liability of Navindran (right).

“This failure warrants us to allow the appeal in part only, in that we also find him responsible partly for the death of the deceased. The degree of responsibility, in our view, should be reduced to 45 percent and our reason is that the defendant is not alone in this tragedy.

“By the defendant's admission, other police officers, by virtue of their involvement, had been assigned to desk duties as a form of punishment,” he said.

In agreeing to give the tort of public misfeasance, the court ruled there were violations to Kugan's right in terms of right to liberty and equality before the law.

The full judgment will be out on Monday.

Indra was represented by R Sivarasa and L Bani Prakash, while senior federal counsel Azizan Md Arshad appeared for the police and government, while Ramesh Sivakumar appeared for Navindran.

Despite Kugan ruling, justice still found wanting

Despite the landmark ruling where the High Court had found the police liable for death in custody victim A Kugan’s case, justice is still found wanting in succeeding cases, said Suaram.

In a statement yesterday, the human rights group highlighted a High Court decision to dismiss a civil suit against the government and police by Ganga Gouri (right) over the death of her brother, R Gunasegaran.

Suaram coordinator R Thevarajan said even though the court agreed that Gunasegaran’s arresting officers had abused their powers, the case was dismissed on a technicality.

He said the Dec 19 decision ruled that Ganga could not file the action as she was neither the victim’s wife or children and had not been appointed as a legal representative of the deceased.

“The judiciary seems to be a stumbling block for many in search of justice. Ganga Gouri was saying that people hope that the judiciary will provide justice, but when the judiciary fails where else can the people go?” he said.

He urged the setting-up of an Independent Police Complaints and Misconduct Commission (IPCMC).

No raising Kugan case, deputy speaker orders MPs

PARLIAMENT Dewan Rakyat deputy speaker Ismail Mohamed Said has barred members of parliament from raising the issue of death-in-custody victim A Kugan in the House.

Ismail said this would be tantamount to interfering in judicial proceedings, even though the High Court had delivered judgment on June 26.

"Even though the decision has been made, the government still has 30 days to appeal," Ismail noted.

Earlier, N Surendran (PKR-Padang Serai, right) had raised issues surrounding Kugan's death in his debate on the motion of thanks on the royal address, arguing there has been lack of action on deaths in custody.

Ismail said he was using his discretion to decide if this could interfere in legal proceedings or affect any party in an ongoing civil case.

Tian Chua (PKR-Batu, left) disagreed with the decision, stressing that the deputy speaker could not anticipate that the government will lodge an appeal regarding the case.

On June 26, Justice VT Singham had ruled in favour of Kugan’s family in their civil suit against the police and the government. He awarded the family RM801,700 in damages.

Home Minister Zahid Hamidi yesterday signalled the government's intention to appeal the court's decision.

Kugan died on Jan 20, 2009 in the police lock-up in Taipan USJ, Selangor, after being detained for questioning.

VT Singham retires after illustrious judicial career

Kuala Lumpur High Court judge VT Singham, who delivered the A Kugan judgment two days ago, is retiring after serving 13 years on the bench.

Justice Singham retires today at the age of 65. Officials from the judiciary’s corporate communications and international relations department indicated that was his chosen age of retirement.

Normally, judges, including those in the Federal Court, can serve on the bench until they are 66, which is the compulsory retiring age.

Singham was appointed a High Court judicial officer in 2000 after being in private practice, and was confirmed a full High Court judge in 2002.
He is the most senior High Court judge and until his retirement today, he had served in Temerloh, Taiping, Ipoh, Kuantan and in Kuala Lumpu.
It is also learned that Singham was a part-time news reporter in the early days of his life.

Known for his witty comments and spontaneous rulings, Singham, a bachelor, is known as a hard, fair and judicious judge willing to go the extra mile in hearing cases and giving advice to lawyers.

Among the civil cases he has presided over, besides Kugan’s, are Opposition Leader Anwar Ibrahim’s suit against Utusan Malaysia’s group editor Abdul Aziz Ishak and the suit by Shazryl Eskay Abdullah of the 'Datuk T trio' fame on the crooked bridge project.

Several blogs and Malay rights group Perkasa have also attacked Justice Singham’s fairness in favouring Anwar in the suit, by questioning his sexual orientation.

However, that matter is subject to an on-going contempt proceeding involving Perkasa president Ibrahim Ali and the blogger.

Kugan judgment 'a damning indictment on government'

Wednesday's High Court ruling on A Kugan's death in police custody is a damning indictment of the government's handling of such cases, says MIC treasurer-general Senator Jaspal Singh.

Jaspal said it also showed that the people could can no longer accept or tolerate custodial deaths.

"The home minister stated in Parliament that the government will not protect wrong-doers. He must now keep his word. The Kugan investigation must be re-opened and his killers must be found and charged.

"Justice VT Singham said the 45 injuries on Kugan's body are an indication that more than one person was involved in torturing him.

"The judge (left) also said these injuries, including a wide range of internal injuries, speaks volumes of what had happened during his detention. Yet only one policeman, V Navindran, was found guilty," Jaspal said in a statement.

In light of the landmark Kugan judgment, he said, the cabinet must review its decision not to form the Independent Police Complaints and Misconduct Commission (IPCMC).

"Whether it was the IPCMC or otherwise, the police cannot be expected to investigate themselves.

"They certainly cannot be sitting on the board of the Enforcement Agency Integrity Commission or the IPCMC. The government must act swiftly to address public outrage over this case. Public trust is easily lost and hard to recoup," Jaspal added.

Skeletons in the cupboard

DAP parliamentary leader Lim Kit Siang said Deputy Prime Minister Muhyiddin Yassin had said two weeks ago that the clear message from Malaysian voters in the last general election was that they want the government to be more stern and bold in defending the important institutions of the country.

However, Lim said, Kugan's judgment against the police and Inspector-General of Police Khalid Abu Bakar and the court case involving Home Minister Ahmad Zahid Hamidi were in the opposite to those calls.

"It is unlikely for the home minister to suggest that the IGP assumes full responsibility for Kugan's death when the question remains as to why the police did not investigate or charge Ahmad Zahid for the offence of assault against Amir Bazli Abdullah way back in 2006.

"Similarly, it is unlikely that the IGP can suggest that the home minister should assume full responsibility for the 2006 assault case when Khalid himself is in the dock over responsibility for Kugan's death in police custody in 2009," Lim said in a statement.

The Gelang Patah MP said both the minister and the IGP seemed to be trapped in a lockstep, with neither able to assert authority over the other because each has a "skeleton in the cupboard".

"Is this the way for the BN government to restore national and international confidence in the key institutions of the country after the 13th general election?" he asked.

In less than two months after GE13, Lim said, the BN was already facing a full-blown crisis on good governance.

Malaysians, he added, were entitled to know how Prime Minister Najib Abdul Razak proposed to resolve these matters, whether he would terminate, suspend or ask both Ahmad Zahid and Khalid to take leave of absence from their offices until both have cleared themselves.

Suaram cites court decision on Kugan for IGP to quit

The myth that the police force can act with impunity must be broken, says a coalition of non-governmental organisations, Stop State Violence Movement (SSVM).

Lauding the High Court ruling in the A Kugan death-in-custody case, SSVM pointed to the continuous calls for independent investigative bodies, such as the Independent Police Complaints and Misconduct Commission (IPCMC), an independent judiciary and an effective coroner's court, to be set up.

E Nalini (right), the executive director of Suaram, which is one of the NGOs under SSVM, said in a statement today Kuala Lumpur High Court judge VT Singham's judgment showed that police were liable for the death of Kugan, including then Selangor police chief and present Inspector-General of Police, Khalid Abu Bakar.

"Hence, we call upon the IGP to resign from his position and take full responsibility for Kugan's death when he was Selangor police chief," Nalini said.

She noted that many other cases of custodial death were still undergoing inquests, while some remained unresolved.

Nalini said many police officers and men involved in causing deaths in custody were still walking free.
Ratify UN convention on torture now
"They have to be brought to justice and they have to be held accountable for their actions. We must end any form torture or custodial death."

She said the Malaysian government still refused to ratify the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol.

"Torture cannot be justified as a form of punishment. A detainee is innocent until proven guilty, through the court process.

"We strongly urge the Malaysian government to immediately ratify the UN convention. The government must move forward now, with a positive attitude to build a society that shows respect for the rights and dignity of persons at all times and is also free from violence," Nalini said.

Suaram's coordinator R Thevarajan (right) said he agreed with Justice Singham's call for the setting up of the IPCMC.

"Suaram has noted 209 deaths in custody from 2000 till September 2012. In 2013 alone there were five deaths in police custody, namely Chang Chin Tee, C Sugumar, Muhammad Kusyairi, N Dhamendran and P Karuna Nithi," Thevarajan said.

"We reject the statement of the home minister earlier that there were only two deaths this year.

"Suaram would like to remind Home Minister Ahmad Zahid Hamidi not to give false information on victims of custodial deaths," Thevarajan said.

Suaram also wants Zahid to provide a clear breakdown of the names and cases he referred to in Parliament.

"Suaram is ready to engage with the authorities in order to compile the facts on the ground of deaths in custody in Malaysia.

"We reiterate again: In order to stop this culture of impunity, an oversight mechanism to monitor the police force, such as the IPCMC, is crucial in this country. Set up the IPCMC now," Thevarajan added.

Kugan's family wins civil suit against gov't

The family of custodial death victim A Kugan today won their civil suit against the police and the government.

The Kuala Lumpur High Court this morning ordered the respondents to pay RM751,709 in damages to the family and another RM50,000 in costs.

Kugan's mother, Indra Nallathamby, 43 (right), in January last year filed a RM100 million civil suit for damages against the government and police over what she claimed as the "brutal murder" of her son.

She named the then-Selangor police chief Khalid Abu Bakar (now inspector-general of police), police officer Navindran Vivekanandan, the then-Subang Jaya police chief Zainal Rashid Abu Bakar (now deceased), as well as the then-inspector-general of police and the government as defendants.
The judge, VT Singham, upheld her claims that Kugan had been wrongly imprisoned, and that the defendants have breached their duty of care to him.

“Police lock-ups and police stations must be a safe place for every human being and should not be converted into a crime scene,” he said.

The damages include RM192,000 for lost of dependency, RM9,709 for funeral expenses, RM50,000 for assault, battery and causing suffering, RM100,000 for false imprisonment, RM100,000 for malfeasance in public office, and RM300,000 in exemplary damages.

Although the judge held that the remand order on Kugan was legally issued, he said that the order was subsequently abused.

This was done by detaining him at the Taipan Police Station lock-up, although it is not a gazetted lock-up and the court had ordered Kugan to be held at the Petaling Jaya lock-up, and then assaulting him.

Singham said such an abuse of a court’s remand order can be tantamount to a contempt of court.

The judge also said that the testimonies of the defendants had been inconsistent and unreliable and said there had been an attempt to cover up the death.

After the court had adjourned, tears were seen flowing from Indra’s eyes, but she declined to speak to the press. PKR vice-president N Surendran (right in photo), who was also a witness for Indra, said she was too emotional to speak.

“Despite the victory, this is still a small consolation for the family. Why? Because the culprits who murdered Kugan are still walking free in this country.

“For this family to have closure, the culprits who did this act must be brought to justice,” he said.

He was referring to Navindran, who was charged with ‘causing grievous harm’ and is out on bail, and others who are believed to be still at large.

Sugumaran’s death: PM wants forensic report

MIC strategic director S Vell Paari reveals that the police have also agreed for a second post-mortem to be carried out.

KUALA LUMPUR: Prime Minister Najib Tun Razak has instructed Health Minister Liow Tiong Lai to submit a forensic report on the death of security guard C Sugumaran.

It is also learnt that the police have given the green light to the family to conduct an independent post-mortem.

MIC strategic director S Vell Paari said the prime minister made the call after MIC president G Palanivel raised the matter during the Cabinet meeting this morning.

“Justice must be ensured for the deceased’s family. The police and the related ministries must be transparent in this matter,” added Vell Paari.

Vell Paari said that he spoke to Selangor deputy police chief A Thaiveegan and the latter revealed that a second post-mortem was permitted.

He added that MIC Youth was willing to bear the cost of the independent post-mortem.

“I will ask MIC Youth to contact the family and the PKR leaders involved in the case in order to decide on the independent pathologist to conduct the post-mortem,” he said.

Last Wednesday, Sugumaran was allegedly beaten to death by the police and public while handcuffed in Taman Sri Nanding, Hulu Langat.

Pathologist Dr Mohd Azaini Ibrahim of Serdang Hospital claimed that Sugumaran died of a heart attack despite eyewitnesses claiming the deceased was beaten up.

Sugumaran’s face was also smeared with turmeric powder.

Following this, the attorney-general had called for an inquest but the family had refused to participate, demanding that a murder investigation be carried out instead.

PKR leaders and lawyers N Surendran and Latheefa Koya, who were representing the family, alleged that the inquest was an attempt to cover up the case.

Following the incident, Vell Paari also reiterated the call for the formation of the Independent Police Complaints and Misconduct Commission (IPCMC).

He also suggested Bersih 2.0 co-chairperson S Ambiga to lead the body.

‘I saw Kugan being hit’

The Star
By M. MAGESWARI

KUALA LUMPUR: A policeman told the High Court here he saw a former constable beating suspected car thief A. Kugan but did not record it in the station diary.

Mohd Haizan Hamid, 30, admitted that he made a mistake in not recording the alleged incident but told the court he had no intention of covering up the matter.

The incident allegedly took place at the Taipan police station in Subang Jaya on Jan 16, 2009.

“I did not record it in the station diary as Kugan told me he was in good condition when I asked him (about the alleged assault),” said Mohd Haizan, who is currently attached with the escort branch of Kajang magistrate’s court.

He was testifying in a RM100mil civil suit filed by Kugan’s mother N. Indra against the police and the Government over the death of her son in police custody.

Indra, 46, named Deputy Inspector-General of Police Tan Sri Khalid Abu Bakar, former constable V. Navindran, late Subang Jaya OCPD Asst Comm Zainal Rashid Abu Bakar, the Inspector-General of Police and the Government as defendants.

She filed the suit on Jan 13 last year, seeking damages over negligence, assault, false imprisonment and misfeasance of public office as well as breach of statutory duties.

Navindran is appealing against a three-year jail term imposed in June last year by the Shah Alam Sessions Court for causing hurt to Kugan.

Questioned by Senior Federal Counsel Azizan Md Arshad, Mohd Haizan said he and another policeman, only named as “James”, were in the interrogation room with Kugan from 4am to 8am on Jan 16, 2009.

He said Navindran came into the room at about 7am and talked to Kugan.

Mohd Haizan said shortly after he and James left, they heard loud voices and returned to the room to see what was happening.

He said he saw Kugan, in handcuffs, warding off the beatings by the constable.

“We pulled Navindran out of the room,” he said.

Questioned by Navindran’s counsel R. Ramesh Sivakumar, he said Navindran had gone to meet Kugan on his own.

“I thought Navindran was replacing my shift,” added Mohd Haizan, admitting he had not lodged a police report that he had witnessed Navindran beating Kugan.

Questioned by Indra’s lawyer R.L. Bani Prakash, Mohd Haizan agreed Kugan would not have 45 injuries on his body if he was said to be in a good condition while being under police custody.

High Court judge Justice V.T. Singham set Feb 28 to give directive on submissions after the police and government closed their case yesterday.

Why murder was ruled out

The New Straits Times

KUALA LUMPUR: Murder or culpable homicide not amounting to murder was ruled out in the death of luxury car theft suspect A. Kugan as police did not know who was responsible.

Former Selangor police chief Tan Sri Khalid Abu Bakar told the High Court that the investigation paper was open based on the outcome of the first post-mortem report.

"We had classified it as sudden death," he said yesterday when cross-examined by lawyer R. Ramesh Sivakumar, who is representing Constable V. Navindran.

The autopsy report stated Kugan died of water in the lungs.

Khalid, who is currently deputy inspector-general of police, said a probe for murder could not be carried out because of a lack of evidence.

Instead, he said police investigated Kugan's death in custody as causing hurt to obtain a confession and this was sanctioned by the public prosecutor.

In June, the Sessions Court found Navindran guilty of causing hurt to Kugan and sentenced him to three years' jail.

Khalid was testifying in a civil case brought by Kugan's mother N. Indra as administrator of his estate against the government for alleged negligence and breach of statutory duty.

Khalid, former Subang Jaya police chief Assistant Commissioner Zainal Rashid Abu Bakar and Navindran are named as defendants for being vicariously liable for his death.

In her statement of claim, Indra alleged that the defendants had failed to ensure the safety, health and welfare of Kugan while he was in police custody.

Kugan, then 22 years old, was arrested in Puchong on Jan 14, 2009, and held overnight at the Puchong Jaya police station's lock-up.

He was brought to Taipan USJ, Subang Jaya police station on Jan 16, but was found dead four days later.

To a further cross-examination by Ramesh, Khalid said the (Taipan USJ, Subang Jaya) police station did not have a gazetted lock-up to hold detainees.

"However, there was no breach of procedures as the inspector-general of police's standing orders allowed for certain leeways."

Earlier Khalid, who was also cross-examined by Indra's lawyer, R. Sivarasa, said he initially resisted a second post-mortem to be conducted on the body, but allowed it following advice from the Attorney-General's Chambers.

"Kugan's family was not happy with the first report and they carried out a procession with the body," he said.

A subsequent post-mortem was conducted at University of Malaya Medical Centre and the autopsy said Kugan's vital organs failed because of excessive beatings.

Kugan's body could've been tampered with, testifies DIGP

Deputy inspector-general of police (DIGP) Khalid Abu Bakar has indicated there is a possibility that police detainee A Kugan's body was tampered with while it was held by the family members before the second post-mortem was performed.

Khalid (left), who was formerly Selangor police chief, told the Kuala Lumpur High Court that this was why police did not comment on or accept the findings of the second post-mortem report, which was carried out in the University Malaya Medical Centre (UMMC).

"There could be something which happened to the body when it was returned to the family and during the funeral procession. We (police) did not follow the body during the procession or when it was with the family and we do not know.

"That is why the police did not comment on or announce the results of the second post-mortem," he said when testifying during the family's RM100 million suit against him, the police and government.

When lawyer Sivarasa Rasiah, who is representing Kugan’s family, pointed out that there were already 22 injuries listed by the forensic specialist in the first post-mortem, Khalid agreed that was the finding.
“However, we need to compare the results of the first post-mortem and the second. For me, we rely on the first report where the cause of death is stated as fluid in the lungs,” he said.

He agreed, when Sivarasa put it to him that this was the first time he had said something could have been done to Kugan's body when it was kept by the family.

This led to judge VT Singham asking Khalid: “You suspected something amiss, but you did not lodge a police report or investigate further?

"You know it should be reported or investigated further, with due respect."

However, Khalid did not respond to this.
Khalid also revealed that Kugan may have also received the marks (injuries) as a result of the suspect putting up a struggle during the arrest. He said he was informed of this by his subordinates, but was unsure whether Kugan was brought to a hospital.

During the second post-mortem, the UMMC found 45 injuries on Kugan's body and listed the failure of the vital organs as a result of the beatings inflicted as the cause of death.
It was reported that Dr Abdul Karim Tajuddin, the pathologist who prepared the first post-mortem report, had been reprimanded by the Malaysian Medical Council for failing to conduct a proper examination and prepare an honest report in the case.
However, when asked by Sivarasa whether he knew action was taken against Abdul Karim, the deputy IGP said he did not know.

Police objected to second post-mortem

Khalid also told the court that the police objected to the second post-mortem and this was relayed to him by then-Subang Jaya OCPD Zainal Rashid.

“Zainal said that as the body had been taken by the family and the first post-mortem report was already done there should not be a second post mortem done. That was the stand taken and I supported the move,” he said when replying Sivarasa.

“Furthermore, Zainal was waiting for further instructions from the public prosecutors on what was to be done but our stand was clear that we did not want the second post-mortem.”

He, however, agreed that police later relented when the attorney-general allowed for the second post-mortem to be performed. This followed pressure from Kugan’s family, who held a protest at Bukit Aman and submitted a letter demanding a second post-mortem.

Earlier, Khalid testified that Zainal had shown him photos of Kugan which it was claimed were done during the “first post-mortem” when the body was fully attired, where he described blood and foam streaming from the victim’s mouth.

However, in actuality the first post-mortem was only performed the next day, as Kugan died on the morning of Jan 20, 2009 at the Taipan police station.
The funeral procession was held on Jan 22, which the family stopped while the body was being taken to the Puchong cemetery, and that was when the body was taken to the UMMC.

UMMC agreed to keep the body until a decision was made on another post-mortem. The second post-mortem was only performed after four days, following the police and AG giving the go-ahead.

Case reclassified under Section 330

To questions from Sivarasa, the DIGP also agreed that initially the attorney-general Abdul Gani Patail had on Jan 23, instructed that the case be classified under Section 302 of the Penal Code after the AG was shown pictures of the deceased.

“However, after meeting him at the AG’s Chambers, we had agreed to reclassify the case under Section 330 (causing hurt to extort a confession)."

When asked by Justice Singham again, Khalid agreed that initially the AG asked that investigations be opened under Section 302 for murder.

However, he reiterated that upon further negotiations with the prosecutors "we agreed to reclassify the case".

Khalid also told the court that he tried to push for an inquest to be done as this is a case of sudden death while in police custody.

However, there was no further follow-up on the matter, including from the family members, and he then decided to leave the matter at that.

Kugan case: Cop tells of meeting to identify scapegoat

While former Selangor police chief and current deputy inspector-general of police Khalid Abu Bakar has denied that Constable V Navindran was made a scapegoat for the death of A Kugan, another senior officer has admitted to the court that a meeting was held to discuss who should take the fall.

Officer in charge of the Taipan police station ASP Rodney Pasla Harris today admitted there was a meeting called by the late Subang Jaya OCPD Zainal Rashid.

He was testifying on behalf of the government, which is one of the defendants named in the negligence suit brought by Kugan’s mother N Indra.

“The meeting was called after office hours and not at the Selangor police contingent headquarters, but at the Subang Jaya district police. The meeting was called following the release of the post mortem report on the matter,” said Rodney, when asked by lawyer Latheefa Koya (above), representing for Kugan's family.

He, however, said he could not remember the exact date in which the meeting was called and did not specify if it was held before or after the second port mortem.

At the meeting, to which all of the D9 (serious crime) officers stationed at Taipan were called, Rodney claimed Zainal had asked one of them to admit to beating Kugan or become a scapegoat.

Rodney, however, further testified that he only saw Kugan on two days, namely Jan 15 and Jan 20, 2009 and claimed to have given the victim water.

He is the first officer after Navindran to admit as to attempts to find a scapegoat.

No cover-up

Khalid (left), who is a also a defendant in the negligence suit, had earlier in the morning maintained in the High Court in Kuala Lumpur today that there was no cover-up in the police investigations.

“After the incident was reported, I asked all nine officers involved in Kugan’s interrogation (to be) transferred to the Selangor police contingent headquarters.

“This is so that they would not interfere in the ongoing investigations,” Khalid said.

Asked by Sivarasa Rasiah, who is also acting for the family, whether a meeting was called by the late Zainal - at which the officers responsible for the interrogation were asked to put up one person as a scapegoat - Khalid said he did not know.
“I know that investigations were carried out under Section 330 of the Penal Code (for causing injury) and an officer had been narrowed down to have caused it,” he said.

Navindran (right), who has since been convicted of causing hurt to Kugan and sentenced to three years' jail, testified last month that he had been forced by the police to become the scapegoat.
The constable had testified that he was not on duty when Kugan was said to be suffering from breathing difficulties about 11.40am on Jan 20, 2009.

Navindran said he was supposed to work from noon until 4pm that day and prior to that, Kugan had been placed in the care of Detective Korporal Silvem and Lans Koperal Sani. He said he had come in earlier that day and helped out when Kugan was having difficulties in breathing.
Continuing his testimony, Khalid said the internal investigations into the case were handled by an officer from Bukit Aman, who he identified only as SAC Shatar.

Khalid said he himself did not know the outcome of the investigations and that Shatar has since retired from the force.

Taipan not a lock-up station

Khalid in his three-and-a-half-hour testimony said Kugan was not taken to a police station with a lock-up as police were only investigating his case.

He said there were grounds to do so and that this was in accordance with the Inspector-General's Standing Orders and it was to assist in the police investigations.

“There is some leeway for us not to take the suspect to the lock-up to assist in the investigations. This is such a case,” Khalid said.

Kugan was being investigated for a spate of luxury car thefts and he was taken from the Puchong police station lock-up and held at the USJ-Taipan police station for five days, but not in a lock-up.

“I know that there was no lock-up and when this happens it is the duty of the OCPD and also the officer-in-charge of the station to look after it,” he said.

Under the police force Lock-up Rules, a person must be sent back to the lock-up he or she was taken from between 6pm and 6am the next morning. The USJ-Taipan police station, which is located in a shophouse, does not have a lock-up.

Asked whose responsibility it was to feed the suspects in such a circumstance, since the Taipan police personnel said they had to fork out their own money, Khalid said this was the responsibility of the OCPD and the person in charge of the station.

And as for Aminulrasyid's case...

Sivarasa also tested the DIGP's credibility as a witness during the hearing by bringing up the case of Aminulrasyid Amzah and produced the police report lodged by Aminulrasyid's mother against Khalid over a possible cover-up.

“Yes I agree there was a police report lodged against me, but there was no attempt at cover-up in the case, as also with the Kugan case, especially as this involved the police,” Khalid said.

“I deny uttering any report describing the boy (Aminulrasyid) as a criminal. I did not make such statements.”

Khalid maintained that in Aminulrasyid's case, a parang was found under the car seat.

However, when Sivarasa (right) showed him a copy of the Shah Alam sessions court finding on the matter, that there was no parang mentioned, Khalid maintained his answer that there was.

Earlier, senior federal counsel Azizan Md Arshad objected to Sivarasa raising the Aminulrasyid case on grounds that the cases were not related.

However Justice Singham allowed the question as a test of Khalid's credibility

Aminulrasyid's mother, Norsiah Mohamad, had lodged a report against Khalid for claiming that her son was a criminal. She did this to clear the boy's name as well as to say that no parang was found in the car he was driving.

Corporal Jenain Subin was initially jailed for five years by the Shah Alam sessions court, for causing the death of the teenager.

However, the High Court reversed the decision and acquitted Jenain, much to the despair of the boy's family.

Kugan negligence suit postponed to Monday

The Kuala Lumpur High Court today postponed the negligence suit which was filed by N Indra, the mother of A Kugan who died in police custody.

Judge Datuk VT Singham allowed the application of counsel RL Bani Prakash after being informed that Indra's lawyer R Sivarasa (left) was unwell.

Bani Prakash told the court that Sivarasa had been admitted to the Subang Jaya Medical Centre, now known as the Sime Darby Medical Centre, after fainting in his home yesterday.

Sivarasa was scheduled to cross-examine deputy inspector-general of police Khalid Abu Bakar today.

Justice Singham said that if Sivarasa was still unable to appear in court on Dec 17, there must be a substitute lawyer in his place.

"If Sivarasa cannot attend, another lawyer who represents the plaintiff (Indra) must take over, as this case was filed in January. It must be resolved as soon as possible. We cannot postpone it any longer as it is of public interest," he said.

Not necessary for second defendant to attend

The judge also allowed the second defendant, former police constable V Navindran (who was convicted of causing hurt to Kugan), to be absent from the next court proceeding after considering his predicament of having to take leave and bear his own cost.

He added that Navindran (right), who had completed his testimony, need only be called to court if it was applied for by the plaintiff or defendant.

On Jan 13, Indra filed the suit against Khalid, who was then Selangor police chief, Navindran, former Subang Jaya police chief ACP Zainal Rashid Abu Bakar, the inspector-general of police and the government.

In her statement of claim, Indra claimed that all the defendants had failed to ensure the safety, health and welfare of her son, Kugan, while he was in police custody from Jan 14 to Jan 20, 2009.

Kugan, 23 at the time, had been detained as a suspect in a luxury car theft case.

- Bernama

Witness: D9 personnel inflicted Kugan's injuries

The injuries on A Kugan, who was found dead in the Taipan-USJ police station on Jan 20, 2009, were inflicted by men from the D9 (Serious Crimes) division, a police sub-inspector admitted in the High Court in Kuala Lumpur.

However, Loh Voon Chye, 56, attached to the Subang Jaya CID, did not name the officer or the rank-and-file personnel involved in assaulting Kuga .

"There must be some people involved in causing the injuries," Loh said yesterday in reply to questions from Sivarasa Rasiah, who is appearing for Kugan's mother N Indra, in her RM100 million suit against the police and the government.

Indra (left) filed the suit on Jan 13 this year over Kugan's death, in which she named former Selangor police chief and present deputy inspector-general of police Khalid Abu Bakar, constable V Navindran, former Subang Jaya OCPD the late Zainal Rashid Abu Bakar, the IGP and government as defendants.

Loh was the supervisor at the Taipan police station where Kugan died on Jan 20, 2009 morning and was issued with a letter of warning after the incident.

Sivarasa: What was Kugan wearing when he was under detention?

Loh: He was wearing the orange lock-up attire, which is a long-sleeved shirt, and also long pants.

Sivarasa: Was he handcuffed, and also his legs, during the interrogation?

Loh: He was handcuffed but there were no cuffs on his legs. (Pictures from the Kugan autopsy report show his legs, too, were cuffed.)

Sivarasa: Look at the post-mortem report. There it is stated there were 45 injuries. Can you see them? Did you at any time between Jan 14 and 20 see the injuries?

Loh: No, he was fine and there were no signs of injuries.

Sivarasa: Look at the post-mortem report where the pathologist says there were external marks of injuries. There must be someone who had inflicted these wounds and injuries.

Loh: Yes

Sivarasa: I put it to you that the D9 fellows, maybe not you, did it.

Loh: I do not know.

Sivarasa: I put it to you since you admitted that someone had inflicted the wounds, it is the D9 officers who did it.

Loh: I agree, but I do not know who.

There were 11 officers from D9 then at the Taipan-USJ police station, which is not gazetted as a lock-up station.

Interrogators asked to feed victim
Loh also told the court that he and Inspector Faaezel Monir had instructed the interrogators to provide Kugan with food and drinks.

He admitted that he was instructed by one ASP Radzuan that Kugan was to be interrogated for 24 hours.

Questioned by Navindran's counsel, R Ramesh Sivakumar, Loh agreed that since there was no lock-up at the Taipan police station, Faaezal and he asked the policemen interrogating Kugan to provide him with food and drinks.

"They had to provide the receipt and either Faaezal or I would reimburse them  from our own pocket money. We cannot claim this from the government," he said.

Asked by Ramesh whether this was the usual practice, Loh replied "yes" and said they had to fork out their own money to feed and provide drinks to suspects at the station.

To another question, he said he did not know whether Navindran, or anyone else, had hurt Kugan resulting in his death.

"All I know is that Kugan's death at 11.48am on Jan 20 was not during Navindran's watch as he (Navindran) was supposed to start work at noon," Loh said.

Navindran, who was convicted of causing hurt to Kugan, had earlier testified that he had been made a scapegoat by the police, and was blamed and charged for what had happened to Kugan.

Loh said he prepared the roster for the police and the interrogators who were to keep watch on Kugan between Jan 15 and 20.

Despite the instructions that Kugan was to be interrogated for 24 hours, he said, the suspect was given time to rest and sleep.

The hearing before Justice VT Singham continues on Dec 13.

Ex-police chief's statement accepted in Kugan suit

The New Straits Times

KUALA LUMPUR: Former Selangor police chief Tan Sri Khalid Abu Bakar said there was no cover-up in the death of A. Kugan and that a comprehensive investigation had been conducted.

Khalid, who is now deputy inspector-general of police, told the High Court that police constable V. Navindran had been charged to demonstrate to other cops that the force and the government would not be responsible for any "private actions" in the course of official duties.

(In June, the Petaling Jaya Sessions Court sentenced Navindran to three years' jail after finding him guilty of causing hurt to Kugan, a suspect in a luxury car theft case, in an interrogation room at the Taipan USJ police station in Subang Jaya on Jan 16, 2009.)

Khalid, 55, said this in his witness statement, which was accepted by the High Court yesterday.

The senior police officer, who took the witness stand before judge Datuk V.T. Singham, signed the statement after questioning by senior federal counsel Azizan Md Arshad.

On Jan 13, N. Indra, as administrator of Kugan's estate, filed a RM100 million suit against the government for alleged negligence and breach of statutory duty.

Apart from Khalid and Navindran, former Subang Jaya district police chief Assistant Commissioner Zainal Rashid Abu Bakar is also a defendant.

Indra, 44, claimed that the defendants had failed to ensure the safety, health and welfare of Kugan while he was in police custody and failed to monitor the policemen there.

She alleged that the defendants also attempted to cover up the actual cause of Kugan's death and issued statements calculated to exonerate the police from liability.

Khalid said he had obtained information about the cause of Kugan's death from the case's investigating officer. Kugan had died of pulmonary edema (a condition caused by excess fluid in the lungs).

Indra's counsel, R. Sivarasa, will cross-examine Khalid on Dec 13. But hearing will proceed today with the other defendants testifying.

No cover-up in Kugan's death, says deputy IGP

The High Court in Kuala Lumpur was told today that there was no cover-up in the death of police detainee A Kugan.

Deputy inspector-general of police Khalid Abu Bakar, in a witness statement tendered to the court, said the police left no stone unturned in the investigations into the case.

Khalid (left) was the Selangor police chief when Kugan, 23, died while in police custody on Jan 20, 2009.

Six days earlier, the deceased was picked up on suspicion of involvement in a luxury car theft.

Khalid, 55, who is the first defendant in a RM100 million lawsuit by Kugan’s mother, N Indra, said the three-year imprisonment meted out by the Sessions court to police personnel V Navindran on June 11, this year for voluntarily causing hurt to Kugan, showed the police and the government did not condone abuse of authority.

He also said the allegations by Indra (right) that police had failed to ensure her son’s security or that he had issued misleading public statements were without basis.

He said the statement he issued on Kugan’s death as a result of pulmonary oedema was based on a report by Dr Abd Karim Tajudin dated Jan 21, 2009, which he obtained through the investigating officer.

Indra filed the suit on Jan 13, this year, in which she also named Navindran, former Subang Jaya police chief ACP Zainal Rashid Abu Bakar, the inspector-general of police and the government, as the second to fifth defendants.

In her statement of claim, the plaintiff alleged that the defendants had failed to ensure the security, health and well-being of her son while he was in detention.

Justice VT Singham adjourned the case to tomorrow.

Ex-cop: I was made the scapegoat for Kugan's death

(Malaysiakini) A former constable accused of causing hurt to police detainee A Kugan has told the Kuala Lumpur High Court that he was made a scapegoat by the former Subang Jaya OCPD.

V Navindran, 32, the first defence witness to testify in the RM100 million death-in-custody suit by Kugan’s mother, also told the court that lock-up rules were not followed with regard to Kugan’s detention.

Navindran (right), who was found guilty by the sessions court in Petaling Jaya last June and jailed three years, said he was not on duty when Kugan was said to be suffering from breathing difficulties about 11.40am on Jan 20, 2009.

“I was supposed to begin work from noon until 4pm that day. At the time, Kugan had been placed in the care of Detective Korporal Silvem and Lans Koperal Sani (full names not cited). So, I do not know what happened to Kugan.

“I arrived early for work that day and saw that Silvem and Sani were guarding and interrogating Kugan.
“Suddenly Silvem, who looked panicky, asked me to find ASP Rodney to seek medical help as Kugan was complaining of difficulty in breathing,” Navindran said in reply to questions from Ramesh Sivakumar, who is his lawyer along with Md Nor Derus.

After seeking Rodney’s permission, he said, he went to a nearby clinic to call a doctor, who then verified that Kugan was dead.
Kugan’s mother, N Indra had named former Selangor police chief and present deputy inspector-general of police Khalid Abu Bakar, Navindran, and Subang Jaya OCPD (the late) ACP Zainal Rashid Abu Bakar.

Prior to being charged in court in October 2009, Navindran said Zainal Rashid had called in all police personnel involved in the custody and control of Kugan.

“This was to determine who among us would be the scapegoat in this case. Finally, I was chosen to be the scapegoat although I was not a willing participant in this,” he said, explaining that no less than 10 people had access to suspects at the Taipan USJ police station.
Five-hour meeting with OCPD

In the afternoon session, Navindran, replying during the cross-examination from lawyer Sivarasa Rasiah, who was appearing for Indra along with Latheefa Koya and L Bani Prakash, said the meeting with Zainal Rashid was held several days after Kugan’s death.
The meeting, he said, began at 2pm and finished at 7pm where Zainal Rashid said the matter could not be covered-up and he wanted to find out who should take the blame for it.

“There was also an officer with the rank of ASP from D5 (the police legal department) in attendance. Zainal Rashid said it would be a big loss for the force if all of us were to be charged for Kugan’s death and he wanted volunteers to be made a scapegoat.

“If there were any volunteers who were willing to take the blame, the police would handle their welfare, and ACP Zainal Rashid said he was willing to pay the lawyers’ expenses,” said Navindran.

However, the witness said as there were no volunteers, the police acted to narrow down the suspects towards causing Kugan’s death.

Navindran said somehow Silvem informed the superior officer that he was the last person to be with Kugan, whereas as mentioned it was not during his watch.
The witness further produced evidence that earlier in the day, he was not at the police station as he had gone out to settle his bills and was only supposed to report for duty at noon on Jan 20, 2009, but he had came in earlier.

Kugan died at about 11.45am on Jan 20, 2009.

Navindran said 13 people who were implicated in Kugan’s death were transferred to do desk duties at the Selangor police contingent headquarters.

However, he said he suspected that he would be made the scapegoat as the others soon left and returned to their tasks, while he remained at headquarters doing desk duty until he was charged.
‘No lock-up in Taipan police station’
Navindran also said Kugan had been subjected to continuous interrogation, with officers taking turns doing so, following his arrest on Jan 15 for suspected car theft.
He said any member of the D9 (serious crimes unit) could go in and out of the Taipan police station and would be exposed to Kugan, as there was no lock-up there.

Navindran said the supply of food and drinks to suspects was done at the discretion and sympathy of police personnel in charge, as they sometimes had to fork out their own money for this.

“Any police station that does not have a lock-up will not have food or drinks prepared. Our superiors were informed but they did not do anything to solve the problem.”
Navindran further said that under lock-up rules, the suspects are to be placed in the lock-up, especially at the Puchong police station, after 6pm and that they can only be brought out with the consent of the investigating officer.

However, he acknowledged that this was not done with regards to Kugan, as he remained at the Taipan police station for the duration of his arrest and until his death.

Senior federal counsel Azizan Md Arshad appeared for the other defendants.

Hearing continues before Justice VT Singham on Nov 29.

Kugan's death - I was told to plead guilty, says ex-cop

Former constable V Navindran, who has been convicted of causing hurt to A Kugan, told the High Court in Kuala Lumpur today that his superior officer appointed a lawyer for him and this lawyer told him to plead guilty to the charge.

Navindran, who named the lawyer as ‘Datuk Salehuddin', said the lawyer told him that he (Salehuddin) had been appointed by his boss that he should plead guilty to the charge in the sessions court in Petaling Jaya that day three years ago.

The lawyer would then try to negotiate on the punishment.

The 32-year-old former constable, who now works as a salesman, said he and his family had not appointed any lawyer for the case when he was charged on Oct 1, 2009, and was surprised to see Salehuddin lead a team of lawyers to represent him.

The sessions court in Petaling Jaya on June 11 this year found Navindran guilty on two charges of causing hurt, resulting in the death of Kugan, a car theft suspect, at the Taipan police station in USJ-Subang Jaya on Jan 16, 2009.

He was jailed for three years on each charge, with the sentences to run concurrently. However, Navindran was allowed a stay of sentence pending appeal.

Replying during cross-examination by Sivarasa Rasiah, who is appearing for Kugan's mother N Indra, Navindran said what he had testified earlier in the day about him being made a scapegoat and details about the lawyer appointed for him were new and not raised during his criminal trial.

"(Subang Jaya) OCPD Asst Comm Zainal Rashid Abu Bakar, wanted me to be the scapegoat and he promised that he will pay the fees for the lawyers.

"Then, after some time, on Oct 1, I was told to appear in court and that was the time I met Salehuddin. I did not agree to plead guilty, and after that I appointed another lawyer to represent me," Navindran told the court.

Although Navindran did not give the full name of the lawyer at the hearing today, a search revealed that one Salehuddin Saidin appeared for the constable on the day he was charged.
‘Not an afterthought’

Kugan’s mother, N Indra, had named former Selangor police chief and present deputy inspector-general of police Khalid Abu Bakar, Navindran, Zainal Rashid, the IGP, and the government as defendants.
Navindran, when cross-examined further by one of the government’s lawyers, senior federal counsel Azizan Md Arshad, denied that what he said in court today over being made a scapegoat and what Salehuddin had said was an afterthought.

He agreed that these matters were not brought up during his criminal trial at the defence stage, but he maintained that this was the truth.

Asked whether he had informed the lawyers representing him later in the criminal trial, Navindran said yes, but the matter was not brought up in the criminal trial.

“The claim that my testimony today is an afterthought is not true as this was how it happened with regard to my criminal case,” he said.

Navindran however, agreed with Azizan that he should have brought those matters up with Zainal Rashid and the Sessions Court, if he did not agree to being charged or contesting the charge.
How Kugan’s interrogation was conducted

Navindran also testified that Kugan had been subject to long hours of interrogation, sometimes lasting for eight hours, with little break.

He explained that he played a minor role in the interrogation where his superior Detective Corporal Awtar Singh would normally ask the questions to the car theft suspect.

Navindran admitted that the police treatment of Kugan’s interrogation seemed rather odd as there was no one particular team interrogating the suspect as according to the standard operating procedure.

“There were four or five teams interrogating Kugan between Jan 15 and the day of his death on Jan 20, 2009. At times the suspect would be given a short break to rest and at times food and water would be purchased to be given to the suspect,” he said.

Asked by Sivarasa further, when Kugan was handed under the care and control of other officers, it was written that the suspect was received well.

Quizzed further on the 45 wounds suffered by Kugan as highlighted in the second post-mortem performed on the body, Navindran said he could not explain how the wounds came about.
Lost belongings

Earlier in the day, Kugan’s mother Indra testified that there were cash and gold missing from his son, after his car was returned to the family by the police.

Indra (left) stated that RM4,000 cash was missing from the car, along with Kugan’s personal bag and another RM500 in coins.

“There was also a gold chain worn around his neck which cost RM3,000 and two gold rings which went missing. None of these gold items were found when the body was surrendered to the family at the Serdang hospital mortuary,” she said.

Indra said she was certain those belongings were either in the car or on Kugan as she had last seen them in the car a day before Kugan was arrested.

Hearing before Justice VT Singham continues on Nov 29.