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Thread: Kugan Died in Police Custody

   
   
       
  1. #51
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    'My King, bring cops who killed my son to justice'

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  2. #52
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    Kugan: "AG has failed Kugan's case"

    "AG has failed Kugan's case"
    NEWS/COMMENTARIES

    Saturday, 29 January 2011 Super Admin

    (The Malay Mail) - The Attorney-General's (AG) Chambers was today slammed for allegedly "failing to investigate freely and thoroughly" the death of suspected car thief A. Kugan, who died in police custody, after a police constable was acquitted from the charge this morning.

    Parti Keadilan Rakyat (PKR) vice president, N. Surendran, said since 2009, the police force has made many attempts to "cover up the case with all sorts of lies".

    "The former Selangor police chief, Datuk Khalid Abu Bakar, was quoted as saying that Kugan had asked for a cup of water before he collapsed and died. Can you believe it? The police have been giving all sorts of excuses to cover up their own mess," he told a Press conference this afternoon.

    Surendran said Kugan's case was one of the most horrific cases of death in police custody.

    "They (police) knew who the real killer was, yet they make excuses and lies. Post-mortem result showed that Kugan was beaten up repeatedly; it's clear cut evidence from the hospital.

    "We were later accused for trying to sensationalise this issue by certain ministers. It's a shame," Surendran said.

    Another PKR vice-president, R. Sivarasa, who was also present, urged the AG, Tan Sri Abdul Gani Patail, to resign from his post as "he failed to handle the case professionally".

    "I call upon the AG to step down. He completely failed to bring justice to Kugan's family. Although Kugan was under police custody, he had yet to be proven guilty. So, the question is, who killed Kugan in the lock-up?

    "Gani Patail is responsible," he said.

    The Subang MP also questioned the AG on his earlier statement, made days after Kugan was pronounced dead.

    "He said there were 11 police officers involved, but none of them were charged. Where are these 11 men? Why did he make the statement when no action was taken against them?

    "The judicial system has failed," said Sivarasa.

    Kugan's aunt, S. Renuga, who was also present with Kugan's mother N. Indra, questioned: "He (Kugan) was only a suspect; does that mean it's a license for the police to beat him to death?"

    Surendran said they would appeal to the High Court or to set up a Royal Commission of Inquiry.

    Previously, Kugan was held for five days in police lock-up to aid investigations over the theft of luxury cars before he died at the USJ police station lock-up on January 20, 2009.

    The death was initially classified as sudden death attributed to water in his lungs, according to an initial post-mortem report.

    However, following public outcry, the case was reclassified as murder.

    A second post-mortem was conducted at the insistence of Kugan's family, and pictures from it that were released online indicated that Kugan had suffered severe bodily injuries.

    This supported widespread belief that he was tortured while in police custody. Malaysia-today....
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  3. #53
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    Monday, 11 June 2012 12:47 Cop gets 3 years jail for 'hurting' Kugan

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    http://www.malaysia-chronicle.com/in...kugan&Itemid=2

    SHAH ALAM, -- The Sessions Court today sentenced a police constable to three years jail after finding him guilty of causing hurt to a police detainee, V. Kugan, three years ago.

    Judge Aslam Zainuddin found V. Navindran, 32, guilty on two alternative charges of causing hurt to Kugan, then 23, a suspect in a luxury car theft case, at an interrogation room at the Taipan USJ police station in Subang Jaya near here between 7 am and 4 pm on Jan 16, 2009.

    Kugan had died while in police custody.

    Section 330 of the Penal Code under which Navindran was charged provides for a jail term of up to seven years and a fine upon conviction.


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  4. #54
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    Judge ticks off senior cop for putting interest of police before public



    December 17, 2012
    Khalid said police had rejected the second autopsy due to suspicions that Kugan’s body had been tampered with. —File pic


    KUALA LUMPUR, Dec 17 ― A High Court judge berated Deputy Inspector-General of Police Tan Sri Khalid Abu Bakar today for putting the interest of the police ahead of the public when he did not order an investigation into suspicions that the body of detainee A. Kugan had been tampered with before it was sent for a second post-mortem.
    Datuk VT Singham, presiding over a RM100 million suit brought by Kugan’s mother, N. Indra, against Khalid, had asked the man who was in 2009 the Selangor police chief why he did not order an investigation or propose an inquest since there was a second post mortem report that conflicted with the first.


    “So, your evidence is that all the injury on Kugan was caused by someone else? That’s your personal view. Why didn’t you allow an investigation?


    “With respect, it seems you are thinking for the police when the public wanted to know (how Kugan really died). This is a very serious accusation,” Singham said.


    Khalid had earlier indicated the possibility that Kugan’s body had been tampered with while in the custody of his family members, before it was sent for another autopsy.


    The Selangor police chief reasoned to the court that this was why the police did not accept the findings of the second post-mortem by 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.


    Khalid concurred with Kugan’s family lawyer, R. Sivarasa, that the first post-mortem had found 22 injuries on the youth’s body but noted that the report had also concluded that the cause of death was “fluid in the lungs”.


    He later agreed that this was the first time he was voicing the police’s belief at the time that Kugan’s body could have been tampered with, prompting Singham to berate him.


    According to previous reports, the second post-mortem had found a total of 45 injuries to Kugan’s body and concluded that the youth had died from a failure of his vital organs, resulting from severe beatings.


    During Khalid’s testimony today, he also reportedly admitted that Attorney-General Tan Sri Abdul Gani Patail had initially instructed police to classify the case as murder under Section 302 of the Penal Code after the latter saw pictures of the deceased. But Khalid said that it was later agreed that the case be reclassified under Section 330 for “causing hurt to extort a confession” after the DIGP met with the A-G.


    On June 11, the Petaling Jaya Sessions Court sentenced Constable V. Navindran to three years in prison after finding the police constable guilty of causing hurt to Kugan, a luxury car theft suspect, in an interrogation room of the Taipan USJ police station, Subang Jaya on Jan 16 2009.


    Last month, Navindran, 32, testified in court that two days after the incident, in a meeting with the then Subang Jaya police chief at the time, (the late) ACP Zainal Rashid Abu Bakar, the latter had said that he needed a scapegoat for the incident.


    Indra had filed the suit on January 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 defendant.


    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.

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  5. #55
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    Kugan bashed in custody, eyewitness admits not jotted in station diary



    UPDATED @ 03:43:23 PM 22-01-2013
    By Md Izwan
    January 22, 2013

    KUALA LUMPUR, Jan 22 — Suspected car thief K. Kugan was beaten while in custody, a policeman who witnessed the assault told the High Court today, but confessed that he had failed to record the incident in the station diary as he had not expected the man to die as a result.

    Lance Corporal Mohd Haizan Hamid, the last person to testify in the RM100 million lawsuit by Kugan’s mother, N. Indra, recounted he saw a fellow police officer, Constable V. Navindran, beat up Kugan in an interrogation room at the USJ-Taipan police station in Subang Jaya, Selangor four years ago.

    Mohd Haizan said he had stopped Navindran (picture)from bashing Kugan further.

    “As I entered the room, I saw Navindran beating up Kugan and I pulled him away to stop him from continuing the assault,” Mohd Haizan said under questioning from Ramesh Sivakumar, lawyer for Navindran.

    The lance corporal also told the court that he had made a mistake by not recording the incident in the station diary, saying he had not expected anything bad to happen to Kugan later.

    “After the incident, I did ask Kugan about his condition and he replied that he was all right.

    “I did not expect anything bad to happen and I admit I made a mistake by not recording the incident in the diary,” the 31-year-old testified.

    Mohd Haizan was among several officers on duty that day in charge of recording the station’s daily affairs in its work diary.

    He had been called to testify as he was also one of the policemen guarding the interrogation room where Kugan, 23, was held. The USJ-Taipan police station, which is located in a shophouse, does not have a lock-up.

    Mohd Haizan admitted he had breached the police’s standard operating procedure when he left out jotting down the assault in the station records, but denied it was a deliberate move to cover up the incident.

    “After the Kugan incident to now there has been no disciplinary action against me.

    “I had no intent to hide anything, furthermore I had already asked Kugan about his condition and he said he was good,” Mohd Haizan said.

    The lance corporal has served in the police force without a blemish on his record.

    Mohd Haizan also denied he had received orders from the then-Subang Jaya police chief ACP Zainal Rashid Abu Bakar to select one of 14 police officers involved in Kugan’s case to be the scapegoat, as alleged by Navindran previously.

    He agreed that Zainal Rashid had called for an informal meeting with all officers involved, but insisted it was only to meet those dragged into the controversy.

    “The district police chief called all members because he wanted to see those involved in the case.

    “There was no discussion or instructions from him to pick a member to be responsible for Kugan’s death. I disagree there was any discussion,” Mohd Haizan said under questioning.

    Kugan was found dead in the USJ-Taipan police station at 11.40am on January 20, 2009.

    The Petaling Jaya Sessions Court sentenced Navindran to three years’ jail last year after finding the police constable guilty of causing hurt to Kugan in an interrogation room of the Taipan USJ police station, Subang Jaya on January 16, 2009.

    Indra, 44, had filed the suit on January 13 accusing the government and the police in particular, of voluntarily causing hurt to Kugan and failing to ensure the security, health and well-being of her son while he was in detention.

    She had named Deputy Inspector-General of Police Tan Sri Khalid Abu Bakar (who was then Selangor police chief); former police constable Navindran; Zainal Rashid (now deceased); the Inspector-General of Police and the government as defendants.

    The Petaling Jaya Sessions Court sentenced Navindran to three years’ jail after finding the police constable guilty of causing hurt to Kugan in an interrogation room of the police station on January 16, 2009.

    In her statement of claim, Indra claimed that all the defendants had failed to ensure the safety, health and welfare of her son, Kugan, who was 23 years old at the time, while he was in police custody from January 14 to 20, 2009.

    Justice Datuk V. T. Singham today fixed February 28 for case management.

    The spotlight on custodial deaths has grown more acute following Kugan’s death.

    Kugan’s death was initially classified as sudden death and attributed to water in his lungs according to an initial post-mortem report.

    However, the case was reclassified as murder following a public outcry.

    Eleven rank-and-file policemen were transferred to desk duty at the Selangor police headquarters but only one person — Navindran — was charged over the incident.
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  6. #56
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    IGP responsible for Kugan’s 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, 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.

    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 negative light on the entire police force, as that is not fair.” - 26 June, 2013
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  7. #57
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    Kugan’s mom still can’t rest easy


    BY RITA JONG
    JUNE 27, 2013

    The pain remained. N. Indra’s face was a picture of grief and sorrow despite winning the negligence suit against the government and being awarded almost RM1 million by the Kuala Lumpur High Court yesterday.


    To her, it was only a grim reminder that some of those who murdered her son A. Kugan were still free.


    "Sure it came as a relief that finally the court acknowledged the police were responsible for my son's death, but the perpetrators still have not been brought to justice," she said to The Malaysian Insider.





    "What the court ruled was just a monetary award but no amount of money will bring my son back to me." Indra, 46, sued the then Selangor police chief Tan Sri Khalid Abu Bakar, who is now Inspector-General of Police, former constable V. Navindran, former Subang Jaya police chief Assistant Commissioner Zainal Rashid Abu Bakar (deceased), the Inspector-General of Police and the Government as defendants.


    She sought damages for negligence, assault, false imprisonment and misfeasance of public office as well as breach of statutory duties. Kugan was 22 when he was arrested in Puchong on Jan 14, 2009, and held at the Taipan police station where he was detained and interrogated for a few days. He died while in police custody.


    A postmortem revealed he had 45 external injuries and a wide range of internal injuries.


    The cause of death was due to acute renal failure caused by blunt force trauma.


    Navindran was the only one charged for Kugan’s death and was sentenced to three years' jail. He is appealing against the conviction and sentence.


    Indra said it had been a long four years of continuous battles to get to the truth but she will not rest until the people responsible for taking her son's life are all brought to book.


    "Appropriate action must be taken, if not, such brutality will continue."


    She said even until now she cannot come to terms with the knowledge that her son was tortured and murdered by the very people who were custodians of the law.


    At the High Court yesterday, Judge V. T. Singham in his ruling said there were elements of a cover-up by Khalid.


    The judge also said that possibly more than one person could have inflicted the injuries on Kugan.


    It is a thought that preys on Indra’s mind. – June 26, 2013.
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  8. #58
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    Published: Tuesday July 9, 2013 MYT 3:01:00 PM
    Updated: Tuesday July 9, 2013 MYT 3:38:02 PM

    Kugan’s case: Justice V T Singham’s landmark written judgement

    BY M. MAGESWARI

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    "Custodial death should not become the rule of the day. It is a heinous crime perpetrated by the custodians of law. If custodians of the law themselves indulged in committing such crimes, then no part of the society is safe and secure," Singham said.


    KUALA LUMPUR: The independent body set up to investigate disciplinary offences by police officers must be implemented urgently to eliminate accusations of 'horror stories' in lock-ups and police stations, a High Court held.


    High Court judge Justice V.T. Singham, who retired recently, said this in his 128-page landmark judgment of the civil suit filed by the family of suspected car thief A. Kugan who won RM801,700 in damages over his death while in police custody.


    Justice Singham said that there is an urgent need to seriously consider implementing the Independent Police Complaints and Misconduct Commission (IPCMC) to look into police discipline due to the sharp rise in custodial violence, torture and death in police custody.


    He said the recommendation by the Royal Commission for Police Reform, for improvement, particular the IPCMC, should no longer remain in 'cold storage' so that the time and money spend on the setting up of the Commission and the production of the report will be put to public good being.


    "There is also justification for the urgency to protect the interest of arrested persons who are taken into police custody," he said.


    He said the police officers, being custodian of law and safety of the public and the nation as a whole, are to protect the detainees and not to abuse their statutory powers, which would deprecate the liberties guaranteed by the Federal Constitution.


    He said if there is an abuse of power by certain police officer and if his unlawful act is not checked and law fails to apprehend them, the belief of those police officers will forever be reinforced that no harm can be caused to them by any authority.


    This, he said, would result in the people losing faith in the prevailing law as well as the enforcing machinery.


    "The recommendation of the Royal Commission (for Police Reform) should not be kept in 'cold storage' and continue to freeze but must be activated or implemented as soon as possible in order to ensure that all concern members of society including the family members of deceased person or victims may feel, assured that the independent agency is looking into the matter without any influence imposed by the local police officers.


    "It is important to state that howsoever dutifully or faithfully the local police officers may carry out the investigation against disciplinary offences committed by police officers, the same will lack credibility since the allegations are against their own officers or colleague," he said.


    Justice Singham said that the power to investigate allegations against police officers, particularly custodial torture or death must be exercised with great care, caution and circumspection so as not to affect its efficiency, reliability and transparency and so as to eliminate any suspicion that some kind of influence is being exerted by the police officers or the police authority.


    "The enforcement of an independent body to investigate accusation or disciplinary offences by police officers will eliminate accusations of 'horror stories' in some lock-ups and police stations, where detainees are subjected to various forms of torture and physical ill treatment by some officers under the pretext of intensive interrogation which is a continuous act, as in the present case, until death occurs," he said.


    He said that 'custodial torture or death' is a naked violation of human dignity and degradation which destroys, to a very large extent, the individual personality.


    "It is a calculated assault on human dignity and whenever human dignity is wounded especially when it occurs in a police lock up or station and committed by the police officers who are in charge of the law and order,"civilization takes a step backward - flag of humanity must on each such occasion fly half-mast", he said.


    On Jan 13 last year, Kugan's mother, N.Indra filed the RM100mil suit seeking damages over alleged negligence, assault, false imprisonment and misfeasance of public office as well as breach of statutory duties.


    Indra, 46, had named then Selangor police chief Tan Sri Khalid Abu Bakar, who is now Inspector-General of Police, former constable V. Navindran, former Subang Jaya OCPD Asst Comm Zainal Rashid Abu Bakar (deceased), the Inspector-General of Police and the Government as defendants.


    Justice Singham found the police and Government liable for Kugan's death while being detained at the USJ Taipan police station on Jan 20, 2009.He ruled that Khalid and ACP Zainal Rashid were liable for misfeasance in public office.


    Justice Singham awarded damages for loss of support, funeral expenses, pain and suffering, assault and battery, false imprisonment, misfeasance of public office and exemplary damages.


    "Custodial death should not become the rule of the day. It is a heinous crime perpetrated by the custodians of law. If custodians of the law themselves indulged in committing such crimes then no part of society is safe and secure," he said.

    He said that the officers in the institution cannot be expected, at least in the eyes of the public to be impartial, especially when the investigation which is expected to be carried out in respect of custodial death may in some cases implicate the State or district police chief or even the directors of certain divisions in the institution.


    "Therefore, it is only appropriate, with respect, and for the confidence in the investigation to be enhanced, of the investigation related to disciplinary enquiry which concerns police officers is conducted by an independent investigation agency," he added.


    Navindran, 33, is appealing against his three-year jail term imposed by the Shah Alam Sessions Court in June last year for causing hurt to Kugan.


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