In a landmark ruling today, a coroner's
court in Kuala Lumpur found the police to have acted unlawfully in not
giving medicine and medical attention to detainee P Chandran, resulting
in his death.
Sessions court judge Ahmad Bache, who sat as the coroner, said Chandran
died in the police lock-up before 7.48am on Sept 10, 2012, but the
police only noticed and reported it 12 hours later.
"The death of the deceased is due to a hypertensive heart disease and
this is due to police not giving or allowing medicine related to his
problem," the coroner said.
Ahmad said this could be seen from the CCTV recording from the police
cell, which shows Chandran's lifeless body lying motionless alone at
7:48am that day, but the police only officially made the report on the
death at 7pm.
He said Chandran had acted not normal while in the process of being
remanded further on Sept 9, 2012, where he is seen to be babbling and
shouting, resulting in the magistrate that day ordering the detainee to
be referred to and given proper treatment at a hospital.
“Unfortunately there was no action by the police to send him to the hospital,” the coroner added.

Chandran, who is from Simpang Renggam, was remanded at the Dang Wangi police station lock-up for four days before his death.
During that period, he was not allowed to take medication that his
family members tried to give him, despite they even bribing police
officers in Cheras to give him the medication
The 47-year-old was arrested following a police report lodged by an Indonesian woman who said her baby was abducted.
The woman had agreed to give the baby to Chandran's brother-in-law, who
is a Muslim, after her birth hospital fees were paid by the adopting
party.
Police acted negligently and inhumanely
In ruling negligence on the part of the police, Ahmad described the
police actions as inhumane,. He said the evidence pointed towards this,
and showed that the police were oblivious in not giving Chandran the
required medication or giving him immediate medical attention.
“What was needed was to send Chandran to the hospital to get immediate
treatment. In fact, for the duration of his detention, there was no
humanity from the police, be it at the Cheras police district or the
Dang Wangi lstation lock-up,” he said.
“His death could have been as early as 7:48am, but the report was made
only at 7pm. Didn't they enter the cell to give food or drink for lunch
and tea,” Ahmad asked, adding that the court is of the view that there
could be better supervision of the police cell by the patroller and
those manning the CCTV.
This could have avoided the loss of Chandran's life, the coroner added in his 16-page finding.
Two detainees had alerted the police that Chandran required immediate
medical attention, but the investigating officer merely replied “he did
not think of sending the suspect to the hospital”.
To make matters worse, Chandran's brother, Rahiman Abdul Rashid, who
adopted the baby, was also held in the same police station and he is a
diabetic requiring dialysis three times a week.
“The court makes a finding of fact that Rahiman did not undergo any
dialysis treatment as required. This shows that the police do not care
about the welfare of detainees who are sick or to ensure they get
treatment,” Ahmad said.
Chandran’s case marks the first time that a sessions court judge in
Kuala Lumpur has acted as a coroner, a role previously limited to
magistrate.
This follows a practice directive by Chief Justice Arifin Zakaria that
inquests by a coroner should handled by sessions court judges and not by
magistrates.
'Finding a gold standard for the judiciary'
Chandran's family lawyer, M Visvanathan, thanked Ahmad in open court for
making the independent finding and hoped that this would be “a gold
standard for future inquest cases in allowing the full participation of
the family lawyer as well”.

Visvanathan (
left, in suit)
added, “We are moved by the decision in allowing the family to
participate in the inquest and the decision today augurs well for the
people's confidence in the administration of justice.”
Bar Council Human Rights committee lawyer N Yohendra said the Bar
Council views this development seriously and hopes there is no
recurrence of deaths in custody.
Visvanathan also said that following the coroner's finding, the family
would decide on whether to file a suit against the police and
government.
He said Chandran has six children, four of whom are still schooling, and
that he was arrested merely for helping his brother get a baby after
the brother agreed to settle the Indonesian women's medical fee.
Coroner iAhmad also noted in his findings that the Indonesian woman had
an affair with a Bangladeshi national who worked at a construction
project in Cheras.
She became pregnant and when she was in labour, Chandran's friend N
Navintharan offered to help and bring her to the hospital, where he
stood as guarantor for the hospital bills.
“However, after the failure of the woman and the Bangladeshi boyfriend
to pay the hospital bill, Chandran offered to help by contacting Rahimin
to pay the fees. Rahimin had no children after 25 years' of marriage,”
the coroner said.
Chandran's death created headlines with current PAS Youth chief Suhaizan Kaiat
announcing that the family was demanding an investigation into the circumstances surrounding his death.