IGP responsible for Kugans death in police custody, court rules

By Rita Jong June 26, 2013 Malaysia's national police chief was responsible for the death of detainee A. Kugan who was physically tortured during interrogation by police four years ago, the Kuala Lumpur High Court ruled today in a civil suit. High Court judge Datuk V. T. Singham said Inspector-General of Police Tan Sri Khalid Abu Bakar, who was then the Selangor police chief, is liable to misfeasance in the case. The judge's decision is expected to open the floodgates to possibly many other civil suits against the police. Singham, in allowing the negligence suit, said he also believed that the injuries Kugan suffered could not have been done by one officer and that the senior officers cannot plead ignorance. "This court also finds several glaring material contradictions between Khalid and other witnesses in respect to the investigation into the death of the deceased," he said. "No person in any position or rank, when testifying in court, should take this court for granted and attempt to suppress the truth to escape liability." Singham commended human rights lawyer N. Surendran who brought up this case and helped pursue a second postmortem which later showed abuse. "If not for him, this matter would have been swept under the carpet." Singham awarded Kugan's mother, N. Indra, RM851,700 in assault and battery, false imprisonment, misfeasance, and pain and suffering damages. Kugan's family has filed a RM100 million claim against the police and the government, 1

but specifically against Khalid, alleging that he tried to cover up the cause of death. She also named interrogating officer, former constable V. Navindran, as a defendant, among others. The mother alleged that the defendants failed to ensure the safety, health and welfare of Kugan while he was in custody. Kugan, then 22, was arrested in Puchong on Jan 14, 2009, and held overnight at the Puchong Jaya police lock-up before police obtained a remand order.

Set up IPCMC now, urges High Court judge

Koh Jun Lin 2:07PM Jun 26, 2013 Malaysiakini Kuala Lumpur High Court Judge VT Singham has backed the proposal to form the Independent Police Complaints and Misconduct Commission (IPCMC) immediately, noting an increase in cases of death in custody. "The recommendation of the royal commission of inquiry (RCI) must not be kept in cold storage and allowed to freeze. "It must be activated as soon as possible in order to assure all concerned members of society, including family members of deceased persons, that an independent agency is looking into the matter without any influence from the local police officers," Singham said. The judge said in that even if the police investigated such deaths dutifully, it would still lack credibility. azlanHe said this while reading out his two-hour long judgment on the civil suit against the government brought by the family of custodial death victim A Kugan (left). However, this observation is not legally binding. Speaking to reporters later outside the courtroom, Padang Serai MP N Surendran said he would raise the issue in parliament and seek Home Minister Zahid Hamidi's response on the issue. Earlier today, Zahid told the Parliament that the Enforcement Agency Integrity Commission (EAIC) is the government's response to the RCI's recommendation. "In delivering judgments in public interest cases, judges often take a view on things that ought to be remedied, and that kind of view should be given close attention and weight by the authorities, particularly the government. "This view carries great weight, because it is from an independent judge in the High Court. The government should immediately pay attention to it," said Surendran, who had also testified for the case's plaintiff, Indra Nallathamby. 'Cover-up attempted' On another issue, the judge found that the police had attempted to cover up Kugan's true cause of death.

NONEAt this juncture, Singam commended Surendran's (right) efforts to arrange a second post mortem for Kugan, or and the truth would have been swept under the blue carpet'. He said the second defendant, then constable V Navindran, could not have singlehandedly inflicted 44 injuries on Kugan in a single incident on Jan 16, 2009. Instead, it must have occurred throughout the course of his detention involving several police officers, and Navindran's testimony that he had been made a scapegoat should not be taken lightly. In addition, he said the police station's daily log could not have recorded that Kugan was fine' despite at least one officer witnessing the beatings, without the knowledge of his superiors, noting that there was no disciplinary action against him. "In the circumstances, on the factual matrix of the present case, this court is not persuaded that there is no cover up on the cause of the deceased's death. "There is a chain of evidence to draw inference on the balance of probabilities that it was not only the second defendant who inflicted grievous injuries on the deceased," the judge said. Singham also dismissed then Selangor police chief (now inspector-general of police) Khalid Abu Bakar's (left) claims that there was no cover up. "If the first defendant (Khalid) is genuinely intended to be transparent in his actions and there was no cover-up, as he seems to be repeatedly saying in the media, surely he should be the first person to initiate detailed investigations to inquire into the deceased's death, and not wait until the plaintiff lodges a police report," he said. In addition, among others, the judge took issue to the Khalid's move to unilaterally' open investigations under Section 330 of the penal code (causing hurt to extort a confession) although it should have been investigated under Section 302 (murder) or at least Section 304 (manslaughter). He also questioned Khalid for not correcting his initial statements that Kugan had died of pulmonary edema (fluid accumulation in lungs), despite a second post mortem revealing that Kugan had died of a kidney failure caused by the injuries from his beatings. However, the judge repeatedly stressed that his judgement should not be construed as an indictment against the entire police force. It was only the defendants and several others who are on trial, not the force, which still has diligent police officers, he said. Speaking to reporters later, Surendran said the judgement makes Khalid's position as IGP untenable'. "If he had any sense of shame, he would resign immediately as a consequence of this judgement, although I don't think he would," he said.

Kugan case: IGP must quit, say Opposition MPs

By Elizabeth Zachariah and Rita Jong June 26, 2013 Just hours after the Kuala Lumpur High Court's damning verdict against the InspectorGeneral of Police, calls for his removal have begun to gain momentum. Earlier today, High Court judge Datuk V. T. Singham held IGP Tan Sri Khalid Abu Bakar responsible for the death of detainee A. Kugan. The judge accused Khalid, who at the time was Selangor police chief, and his men of trying to supress the truth to escape liability. Leading the call for his removal was PKR vice-president N. Surendran who said Khalid's position as the nations top cop was untenable. "The judgment is a damning indictment of the police force and Khalid personally. He has no alternative but to resign," said Surendran, adding that the government must investigate the cover-up and take immediate action against Khalid. PKR youth chief Shamsul Iskandar Mohd Akin was more biting in his comment when he said Khalid had caused irreparable damage to the police. "This incident has eroded the confidence of the police force. He must take responsibility and shoulder the blame," Shamsul said, adding that the Home Minister must order Khalid to resign. Opposition leader Datuk Seri Anwar Ibrahim urged Home Minister Datuk Seri Ahmad Zahid Hamidi to act on his word. Zahid told Parliament this morning that they will act against any police officer, irrespective of his rank, if they are involved in custodial deaths. "I ask that the minister keep his word. He was rather strong and affirmative about that, said Anwar. "He gave us his assurance. Let us see if he will take action or not." DAP's national adviser Lim Kit Siang said the court's decision just showed how urgent it was to set up the Independent Police Complaints and Misconduct Commission (IPCMC). "The spate of deaths in custody must stop. But this is a victory too. Someone has been held responsible," Lim said.

The party's secretary-general Lim Guan Eng said Khalid will have to give a full account of what happened to Kugan. "He must come clean on the details. That is what the family wants," he said, adding that Khalid and Zahid should also issue a public apology to Kugan's family. - June 26, 2013.

He was taken to the Taipan USJ, Subang Jaya police station two days later for questioning and was found dead four days after that. Navindran was the only one held responsible for Kugan's death after he was found guilty of causing hurt. He was convicted and sentenced to three years' jail. He is appealing his conviction. Singham said there were elements of a cover-up by Khalid during investigations. He pointed out that the case was classified as causing hurt and not murder, or culpable homicide, two offences which carry heavier sentences. "Why didn't he (Khalid) comply with the Attorney-General to open up investigation papers for murder and why did he not direct formal departmental inquiry bearing in mind the nature of the injuries and the cause of death?" asked Singham. "Why was there no action taken to ensure at least an inquest was held? Why did he not clarify his first statement to the media?" In his first statement to the media after Kugan's death, Khalid had said that Kugan collapsed and died after drinking water. In the next media statement, Khalid had said that Kugan died of water in the lungs. The second postmortem, however, revealed Kugan had 45 external injuries and a wide range of internal injuries. His cause of death was due to acute renal failure due to blunt force trauma. Yet, the judge said, Khalid did not make any attempt to clarify this. He said there was sufficient evidence against Khalid for misfeasance as a public officer. "At the time of the incident, Khalid was the Selangor police chief. When he testified in court, he was the deputy Inspector-General. And as I am delivering this judgment, he is now the IGP. "He cannot plead ignorance and disclaim knowledge as to the acts by the second defendant (Navindran) and possibly other officers who had access to the deceased, including the investigating officer. It would have been better for Khalid, Singham said, to clarify his statement than to persist or maintain his version as to the cause of death. "The lies are not in the core print of the statutes book but in the integrity of the police officer, whatever his rank." Singham said investigations and recommendations of a case are matters for the investigating officer and the AG to decide, not Khalid.

He said the court found several glaring material contradictions between the defendants' testimonies on the investigations into Kugan's death. He also said the officer at the Taipan police station where Kugan was held had also made entries in the station diary with the standard phrase "suspect in good condition", must have been made with the knowledge or instructions by the officers in charge at the police station. "These entries have been found to be inconsistent and flies in the face of the injuries found on the postmortem reports," the judge said. "The torturous act by Navindran was condoned by the officers in charge. These injuries could not have been inflicted by Navindran alone. They were over a period of time, over a series of assault and battery by officers who had access to Kugan. He said Navindran had assaulted Kugan in his scope of duty to gain a confession for the benefit of his superiors. Singham also rapped the investigating officer for abusing the remand order issued against Kugan and said his action was tantamount to contempt of court. "No doubt, the warrant of arrest was issued against Kugan by the Petaling Jaya magistrate under a lawful purpose but this order was abused by the investigating officer. The order clearly stated that Kugan was to be detained at the Petaling Jaya police station but he was instead detained at Taipan with no gazetted lock-up," he said. "Police lock-ups and police stations must be a safe place for every human being and should not be turned into a crime scene. The police must regain the public's respect and their interrogation approach must change in accordance with the times. They must step out of their brutality. "They should investigate criminals and not turn themselves into criminals." Singham also said there was an urgent need to consider implementing the proposed Independent Police Complaints and Misconduct Commission (IPCMC) for police reform due to the sharp rise in torture and death in custody cases. Recommendations of the Royal Commission, he said, should not be kept in cold storage. "It must be acted upon immediately so that the victim's family can be assured that the commission was looking into it," he said. "The setting up of IPCMC would be of public good and money well spent to eliminate

horror stories of deaths in custody." Singham, however, clarified that his condemnation was only based on the factual matrix of this case and not the entire force as a whole. "Police officers should be disciplined individually. One isolated incident should not reflect negatively on the entire police force. There are still many officers who act professionally and rise up to expectations of the public," he said. "It must be clear that the act at Taipan police station does not and should not cast any egative light on the entire police force, as that is not fair. - 26 June, 2013.

Kugan's family wins civil suit against gov't

Koh Jun Lin 12:58PM Jun 26, 2013 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. NONEKugan'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 courts 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 Indras 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.

Countdown to Kugan verdict, top cop in focus By Rita Jong

June 26, 2013

Malaysians wake up today to what is likely to be a landmark verdict on a court case that has riveted public attention for four years now. No less than the top cop in the country, the Inspector General of Police himself, is under the spotlight. High Court judge Datuk V.T. Singham delivers his judgment today on the negligence suit by the family of A. Kugan, who died while in police custody in 2009. Tan Sri Khalid Abu Bakar, who was then the Selangor police chief, received much heat after he was accused of a "cover up" in the death in custody case. During the civil trial, the judge had said Khalid should have held a press conference to clarify matters surrounding Kugan's death. Khalid had, in the first press conference, said Kugan died because of water in his lungs. But a second postmortem revealed that Kugan, 22, was beaten severely, starved in prison and died of kidney failure. The court also heard that Khalid did not hold another press conference to clarify this. Nor did he recommend an inquest. There was also no internal inquiry by the police. Kugan's family has filed an RM100 million claim against the police and the government, but specifically against Khalid, alleging that he tried to cover up the cause of Kugan's death. Kugans mother, N. Indra, named one of the victims interrogating officers, former constable V. Navindran, as a defendant, among others. The mother alleged that the defendants failed to ensure the safety, health and welfare of Kugan while he was in police

custody. Kugan, then 22, was arrested in Puchong on Jan 14, 2009, and held overnight at the Puchong Jaya police lock-up before police obtained a remand order. He was brought to the Taipan USJ, Subang Jaya police station two days later for questioning, but was found dead another four days later. Navindran was the only one held responsible for Kugan's death. He was convicted and sentenced to three years' jail. He is appealing his conviction. In the civil suit, Navindran claimed he was only a scapegoat and alleged that there were 12 others involved in Kugan's interrogation. Ten witnesses testified in the trial before Judge Singham. There have been 122 cases of deaths in police custody in the past 10 years by the polices own account. But opposition figures have charged that there has been nearly double that number of deaths in the past two-and-half years alone, giving this figure as 211.So Kugans case has touched a raw nerve in the country and the case is expected to be watched closely today by concerned Malaysians. - June 26, 2013.

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Kes Kugan: Kerajaan, polis diarah bayar RM751,700

Harakahdaily,

26 Jun 2013

KUALA LUMPUR: Mahkamah Tinggi Kuala Lumpur mengarahkan kerajan dan Polis DiRaja Malaysia membayar membayar ganti rugi RM751,700 kepada keluarga mendiang A Kugan yang mati dalam lokap polis Subang Jaya pada 2009. Mahkamah juga turut mengarahkan responden membayar RM50,000 lagi untuk kos lain. Pada tahun lalu, keluarga A Kugan memfailkan saman sivil untuk menuntut kerugian RM100 juta dari kerajaan dan polis yang didakwanya melakukan "pembunuhan kejam" terhadap mendiang. Beliau menamakan Ketua Polis Negara, Tan Sri Khalid Abu Bakar (ketika itu ketua polis Selangor), pegawai polis Navindran Vivekanandan, Ketua polis Subang Jaya ketika itu, Zainal Rashid Abu Bakar (kini meninggal dunia), dan kerajaan Malaysia sebagai defendan. 12

Stop ruling out foul play in lock-up deaths, rights groups tell cops
BY CLARA CHOOI ASSISTANT NEWS EDITOR June 10, 2013

File photo of family and friends of Dharmendran grieving at his funeral in Kuala Lumpur last month.KUALA LUMPUR, June 10 Several civil rights groups today demanded that the police stop prematurely ruling out foul play in custodial death cases, reminding the force that it is required by law to hold an inquiry to investigate such incidents. The Stop State Violence Movement (SSVM), an umbrella body comprising 29 rights groups, pointed out in a statement here that in the case of 32-year-old N. Dharmendran, the police had at first claimed the detainee died of breathing difficulties. But the claim turned out to be false later after a post-mortem showed that the man died after he was badly beaten up by the police while in the lock-up. The Stop State Violence Movement would like to remind the police force not to speculate any information to the public as this could be misleading, the movement said. It was responding to the latest lock-up death of Nobuhiro Matsushita, a 33-year-old Japanese man who was found hanged in his cell at the USJ 8 police lock-up in Subang Jaya at 4am on Saturday.

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In an immediate response, Selangor deputy police chief Datuk A. Thaiveegan appeared to rule out foul play, saying that an initial probe turned up no evidence of this. An autopsy report issued by the University Malaya Medical Centre found that the suspect died as a result of hanging and that there were no injuries on his body, he was quoted as saying by national news agency Bernama. But SSVM noted that KL CID chief SAC Datuk Ku Chin Wah had made a similar claim when Dharmendran was found dead recently. Since then, however, three policemen have been charged in court with murdering the 32year-old. Please stop speculating and assist for the rule of law to take place, SSVM said. In accordance with the Criminal Procedure Code (CPC), section 334 clearly states that a magistrate shall in the case of a death in the custody of the police hold an inquiry into the cause of death, it added. The movement also labelled Subang Jaya police stations as the killing ground for suspected criminals, noting that in the USJ 8 lock-up alone two deaths have already occurred this year. Apart from Matsushita, detainee Chan Chin Te died in the same lock-up on January 14. On January 20, 2009, A. Kugan died in the Taipan police station, also in Subang Jaya. Apart from Subang Jaya, SSVM also singled out the Dang Wangi police station as another location where many suspects breathed their last. Listing them out, the movement said detainees P. Chandran, Wong Tip Ping and Nagarajan died in Dang Wangi on September 10, November 29 and December 24 respectively. The Stop State Violence Movement demands an immediate end to these serious human rights violations. The failure to ensure effective mechanisms to hold the Malaysian police accountable highlights a serious lack of political will by the government to take genuine steps to reform the police force in this country, the movement said. It also repeated demands for the setting up of the Independent Police Complaints and Misconduct Commission (IPCMC), which the government appeared to shoot down last week.

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