DAP calls for Royal Commission of Inquiry into Kugan’s death in police custody as the criminal justice system has completely broken down beyond repair to deliver justice in cases of mysterious deaths in official custody


DAP calls for a Royal Commission of Inquiry into A. Kugan’s death in police custody as the criminal justice system has completely broken down beyond repair to deliver justice in cases of mysterious deaths in official custody.

It is not only Kugan’s family members and relatives headed by his mother, N. Indra, 41, hotel worker, who are shocked by this morning’s acquittal of constable V. Navindran for causing grievous hurt to Kugan, 22, when interrogating him at the Taipan police station in USJ-Subang Jaya on January 16, 2009, all decent Malaysians who had expected justice are also outraged.

This is another blot in the service record of the Attorney-General Tan Sri Gani Patail who had said that 11 officers were involved but only one was charged – and even the one charged ended with his acquittal when the Sessions Court judge Aslam Zainuddin said the prosecution had failed to prove a prima facie case against the accused.

If the Prime Minister, Datuk Seri Najib Razak can finally agree to the establishment of a Royal Commission of Inquiry into Teoh Beng Hock’s mysterious death at the Malaysian Anti-Corruption Commission more than 18 months ago following public outrage at the unsatisfactory “Open Verdict” of Teoh’s inquest, there is no reason why a Royal Commission of Inquiry is not established into Kugan’s death because of the most unsatisfactory and irresponsible handling of Kugan’s case in the past two years to establish the circumstances of his death, identify and punish the police personnel responsible for Kugan’s life and deliver justice to Kugan’s aggrieved family.

There have been too many cases of mysterious deaths in official custody as well as the result of police shootings.

The Royal Commission of Inquiry into Kugan’s death should also enquire and recommend a new standing operating procedure to ensure full accountability for every such death to restore public confidence in the criminal justice system and to assure all Malaysians that they have the most important human right to life and to be safe, not only in the streets, public places and the privacy of their homes from crime but also when in official custody whether the police, MACC or any other enforcement authority.

This is also the time for the Prime Minister to implement the proposal for an Independent Police Complaints and Misconduct Commission, the most important recommendation of the Dzaiddin Police Royal Commission six years ago to ensure that Malaysia as an efficient, incorruptible, professional world-class police service which command public and investor confidence.

  1. #1 by boh-liao on Friday, 28 January 2011 - 6:33 pm

    Can we TRUST our mata-mata n judiciary system?

    Chia BH is a brave soul who dared 2 stand up against our corrupt polis
    He claimed dat he was held n badly beaten up at several locations by policemen who also allegedly took RM13,000 n threatened 2 ruin his business
    He also claimed dat d police ordered him 2 lodge a false report dat he had been injured in a car accident n if he refused, they threatened 2 plant a blood-stained parang or drugs in his car
    He also claimed dat a policeman from d narcotics division threatened 2 ‘inject’ him with drugs

    WHAT happened 2 d suspended cops?
    One of them has BECOME A RUNAWAY COP, GONE IN2 HIDING
    http://thestar.com.my/news/story.asp?file=/2011/1/27/courts/7879123&sec=courts

    Follow dis case 2 form your OPINION of our mata2 n what happened 2 a person when detained by our mata2 – be prepared 2 come out (if still alive) with self-inflicted injuries

  2. #2 by tak tahan on Friday, 28 January 2011 - 7:00 pm

    Don’t worry,Makkal Sakti will plead BN to establish Royal Commision of Inquiry to restore public confidence in the criminal justice system and Makkal Sakti again.Dei………Dei…………also RCOI for you in black and white from najis.Leave the snake alone cause its life will be spared

  3. #3 by DAP man on Friday, 28 January 2011 - 7:22 pm

    Indians are dying as though their lives is worth that of flies and yet the Indian are happily supporting BN in the Tenang by elections.

    A suppressed and oppressed community is embracing the oppressor.
    Now what more can we say.

  4. #4 by yhsiew on Friday, 28 January 2011 - 7:42 pm

    It is unsafe even to be in police custody these days.

    The implementation of an Independent Police Complaints and Misconduct Commission is essential in order to restore public and investor confidence in Royal Malaysia Police (PDRM).

  5. #5 by monsterball on Friday, 28 January 2011 - 9:59 pm

    It seems Indian votes not important.
    If Kugan’s death….all the tortures and bruises means no one is guilty by a Judge…what do you expect from Teoh’s case?
    Not once have the Govt come out clean.
    I am sick of all these side shows.
    It seems no one is guilty of murders in Malaysia…not even Atlantuya case fully settled yet.
    Yes arrests …court cases are all side shows…to satisfy Malaysians…and no one is found guilty at all.

  6. #6 by tak tahan on Friday, 28 January 2011 - 10:38 pm

    World murderers Global Integrity (GMI) claims that Malaysia ranks the top spot follow by Tunisia,Zambabwe,Afganistaan,Greece,Pakistan the last top 6.Her murderers are without mercy and kill on whims.And they are too being safeguarded by angel safe haven.We are top again in the trusted rely able source.

  7. #7 by tak tahan on Friday, 28 January 2011 - 11:00 pm

    Malaysia will become like 24 hours seven eleven nation.Day or night,regardless just kill like machine gun.The more ta..ta..ta.. continuous sounds you can fire then you are the highest commander.Dagen,i am more scared than you la.

  8. #8 by ktteokt on Friday, 28 January 2011 - 11:41 pm

    It looks like Malaysia has undergone a great GEOGRAPHICAL migration, having moved to the BERMUDA TRIANGLE where mysteries are frequent!!!!!!

  9. #9 by donplaypuks on Saturday, 29 January 2011 - 12:45 am

    YB

    DAP and Pakatan had better do something fast before they cover up is complete with TBH’s case being buried and that of at least two others besides Kugan who died while in police custody. A RCI that does not address who caused TBH’s death will be nothing but a farce!

    Curious is it not that the AG has not appealed in Kugan’s case despite there being no dispute he died in a police station?

    dpp
    we are all of 1 Race, the Human Race

  10. #10 by Jeffrey on Saturday, 29 January 2011 - 3:28 am

    This one of the most horrific case of custodial death depicted by gory video/pictures of cuts abrasions and foam in mouth!

    Yet although 11 rank and file policemen were initially transferred to desk duty at the Selangor police HQ over this case only 1 – a suspected sacrificial lamb of a police constable Navindran Vivekanandan, 30,was charged for causing grievous hurt to assuage public ire! And even then prosecutor couldn’t hack to prove prima facie case and kena the case buang out of court!

    So now that the case is thrown out how are we to make out what & who caused this death – that he being too thirsty drank too much water, threw some up, whilst the rest congested his lungs??? There are other unusual anomalies in this case, for eg:-

    • 3 conflicting post mortem reports, the last as a result of a 10-man committee findings made without conducting an actual post-mortem on the body;

    • With this kind of questionable forensics yet there’s no similar initiative from S’gor state govt to appoint external forensic expert Porntip as in TBH’s case! Why is this – because Kugan an allegedly suspected car thief and not a aide to an opposition politician like TBH???

    • Suspected interference by authorities with the items and DNA specimens of Kugan;

    • One day in court whilst Justice Muhamad Ideres Muhamad Rapee was away in Kedah, prosecution and the defence carried on with their arguments without a judge before a stunned court official -Senior assistant registrar Azlinda Ahmad Sharif- who had no power to hear the case (The Star Report Thursday July 2, 2009),

    A Kugan’s case involving police like TBH’s involving MACC is an indictment of the whole system of administration of criminal justice in this country – wheere in th absence of a culpable culprit, Kugan was made to sound as if he had accidentally drowned himself whilst the other (TBH) accidentally self strangulated (since he had no record of suicidal tendency and being a prospective father had every reason to want to live).

    Investigators are implicated in both cases : who guards the guard and which investigator could independently investigate another investigator of wrong doing in a milieu of esprit de corps??? Are we having law or anarchy here when wrong doing is suspected of those who wield power especially of law enforcement? Is some class – esp the class that enforces the law- above the law?

    When public outcry breaks out, do victims’ families and those who want justice have to depend in each instance on a RCI commissioners to do police work on whodunit! What a joke !

    For prevention why not have a standard protocol that just before any one whether suspect like Kugan or a witness like TBH goes in for interrogation, insist on a prior doctor’s check and certification of clean bill of health to withstand interrogation? Better still instead of incurring public cost of RCIs, why not spend it on installing CCTV in every interrogation session as a deterrent??? Those who criticised US of Abu Ghraib’s and Guantanamo Bay’s abuss are strangely quiet over our own.

  11. #11 by ENDANGERED HORNBILL on Saturday, 29 January 2011 - 5:05 am

    Utterly unsatisfactory.

    Utterly, utterly, utterly.

    How can detainees die in the custody of the police or even MACC?

    Utterly unnerving. Utterly unacceptable. OK, utterly mad and utterly maddening.

    Utterly, utterly, utterly.

    We want nothing but the utter truth.

    Ok, damn, damn, damn.

  12. #12 by monsterball on Saturday, 29 January 2011 - 6:36 am

    Damn the utterly unsatisfactory conducts of the Govt.
    This should make more voters wanting to vote change of government of else our people are utterly irresponsible and damn damn damn those that refused to change the government…correct E H…I mean excellent highness?….hahahahahahaha

  13. #13 by monsterball on Saturday, 29 January 2011 - 6:40 am

    PR may loose the Tenang election…but DAP can feel proud that at least 300 came to listen to their talks at any one time….whereas not more than 20 gathered at MCA talks.
    However floods and rain kept voters away from both fronts.

  14. #14 by tunglang on Saturday, 29 January 2011 - 7:08 am

    In Malaysia, we now know who’s licensed to kill. By C4, in lockups or out thro’ the window.
    The appetite for taking another’s life for the wrong reason is growing and encouraged by the day.
    One Malaysian fact is: a victim’s life is very cheap under the ‘laws’ of justice skewed for the approved broad daylight criminals.

  15. #15 by boh-liao on Saturday, 29 January 2011 - 8:52 am

    D HARD TRUTH /FACT: Once we come into contact with mata2 (at home, on d road, in a polis station), we don’t know what is TRUE n what is FALSE (including stuff planted by polis 2 incriminate some1, scary but has happened n is still happening), phui!
    BAD things continue 2 happen, whether 1 wears RED UNDIES, latest craze, or not

  16. #16 by boh-liao on Saturday, 29 January 2011 - 9:04 am

    Tunisia (and soon other Arabic nations) has shown d world dat PEOPLE r d BOSSES
    People like water can float or sink a ship, can support or bring down a gomen
    PEOPLE POWER – dat’s what is needed here, wake up d BN-drugged rakyat 2 vote 4 PR

  17. #17 by DAP man on Saturday, 29 January 2011 - 9:25 am

    “…the criminal justice system has completely broken…” kit

    For ordinary citizens and Opposition members the entire judicial system has broken down. Not just the criminal justice system.

    But for UMNO the system is intact as it will protect them no matter what crimes they commit – including murder.

    I would say all institutions have broken out – PDRM, MACC, EC, AG Chambers, Civil Service etc

    Where in the world can a lowly EC chairman (appointed by the Executive) be more powerful that an elected state state assembly?

  18. #18 by dagen on Saturday, 29 January 2011 - 10:47 am

    I always tell my kids to be wary of bad people and the police. It confused them like hell when they were much younger. Police are bad people? Now that they are older, they could tell for themselves that our police are indeed bad.

    And I also tell them not to eat rambutans.

  19. #19 by k1980 on Saturday, 29 January 2011 - 10:55 am

    Dei, just pay the hindoos a couple of ringgit and they will eagerly carry constable V. Navindran on their shoulders on his way out of the courtroom. It all boils down to money, as shown in the Tenang ceramahs, dei.

  20. #20 by k1980 on Saturday, 29 January 2011 - 10:58 am

    Had Kogan being an American citizen who died under American police interrogation in an American jail, Obama would offered to resign.

  21. #22 by sotong on Saturday, 29 January 2011 - 11:09 am

    Unfortunately, money speaks louder than anything else.

    We had decades of bad leadership….throwing money to solve all problems. Our country desperately need good leaders to change the people.

  22. #23 by dagen on Saturday, 29 January 2011 - 12:36 pm

    Problem with this country is umno. Umno (actually everything started with dr mamak) politicised everything. From civil service to business to religion to education to sports to health care to judiciary to every thing conceivable. Dr mamak’s hold over the country was so fantastic that till today he is still able to sway a lot of umno people and a lot of the less informed malays. And since its grip extends so far and is so extensive, umno can never untie itself and change and adapt itself to new situations easily or quickly enough.

    Kugan is a plain case of the police going way overboard with their abuse – in their attempt to get kugan, a suspect, to talk and cooperate. Umno has no business meddling with this matter. But the entire police has been umnonised and so umno cannot just sit quietly. The same thing happened to beng hock. Macc ought to be an independant body and should just be left alone to face inquiry over the unfortunate death. But everyone knows that macc is an organ of umno (more like a tool of umno). And so umno will definately interfere and is in fact able to determine the course and outcome of the inquiry. “Open verdict”? Oh, what is new?

    No prima facie evidence in kugan’s case means that the police could not produce any credible proof to satisfy the court that there is a criminal case worth pursuing/hearing. Kugan’s case was basically shut out by the court at the doorstep. The police could not give the doorkeeper (judge) any good reason to enter the premises! But of course. Do we expect the accused police officer to defend himself with claims like “but that is the practice” or “but so and so did it too” or other such like justifications?

    In short, umno is stuck. Umno is stuck because umno wanted too much control. And the control umno weilds has now turned into glue. It is mighty sticky. Imagine a sticky gluey joystick! It is high time for change of government. GE13 is the right time. Only a new government can remove the glue and all the dirt that somehow got stuck to the system. Of course we will not go the way the tunisians and eqyptions took. We are patriotic and law abiding citizens. We use the ballot box instead.

    Lets do it! Vote umno (and its useless appandages) out.

  23. #24 by negarawan on Saturday, 29 January 2011 - 12:41 pm

    The problem is Najib and UMNO are in cahoots with the PDRM and judiciary. As Najib said: “You help me and I will help you”. While the PDRM and judiciary cover up all the crime of Najib and UMNO, Najib does the same for them. And thus the PDRM and judiciary preoccupy themselves with protecting UMNO while coming up with apocryphal charges against Anwar and the opposition. Is this the type of government we want to maintain in Malaysia? Vote wisely!

  24. #25 by Taxidriver on Saturday, 29 January 2011 - 1:19 pm

    MYSTERIOUS appearance of injuries and bruises all over Kugan’s body while in Polis DR. M custody.
    MYSTERIOUS appearance of strangulation mark on TBH’s neck.
    MYSTERIOUS appearance of TBH’s ‘sucide note’ 6 months after his death.
    MYSTERIOUS appearance of parangs and drugs in Polis DR. M shooting cases.
    Mysterious appearance of AI’s semen in Saiful’s arsehole.

    MYSTERIOUS Dis-appearance of pretty Mongolian ah moy’s immigration records.
    MYSTERIOUS Dis-appearance of pretty Mongolian ah moy’ dead body.
    Mysterious Dis-appearance of fighter jet engines.
    MYSTERIUOS Dis-appearance of dozens of fighter jets parked in desert.
    MYSTERIOUS Dis-appearance of 2 oil wells.
    MYSTERIOUS Dis-appearance of Investigation Report on BMF Scandal by Ibrahim Jalil whose body was found in a banana plantation in Hong Kong.

    Malaysia- Land of MYSTERIES. Now you see it, Now you Don’t.

  25. #26 by k1980 on Saturday, 29 January 2011 - 1:19 pm

    http://www.nst.com.my/nst/PixFront/pix_top_12902

    From the above photo, 2 facts can be ascertained—

    1. No need to wear safety helmets as long as carry BN flags. Police will look the other way.

    2. The fat pendatang (mata sepet) in front has a lot to eat under the NEP. That is why he is leading his friends to support the unmo candidate. They are also happy that unmo do not allow them the 10% discount when buying houses

  26. #27 by limkamput on Saturday, 29 January 2011 - 1:34 pm

    See the renegade regime! There is not a simple word from the BN leadership on corruption, the abuse of power and blatant injustices being inflicted on so many. They have lost complete moral decency and credibility to reprimand and put right all the baloneys that are going on in the country. Do you know why – these despicable people probably have more skeletons that those rogue policemen and civil servants. This is the state of affairs in this country today. They don’t talk about the numerous wrongs and putting right those wrongs. Instead they will continue to hoodwink the people with “shaking hands” issue, milo and angpow, slogans, moronic transformation programmes, and more money down drains projects. Yet we have moronic Malaysians who never hesitate to go along with all these nonsense like those morons in Segamat who will vote for BN in return for an independent Chinese school in Segamat. These people have vision as far as their nose. They do not know what a good government is about. So what you get an addition independent Chinese school? It is not going to make iota of difference to the country. Only continuing the momentum of change will. It is sickening to see the fight is always so parochial and self centred. It is never for the overall good of Malaysia. Seriously, this country need a Lee Kuan Yew who will beat the sh!t out of Chinese, Malay and Indian extremists. We have no future if this country is forever caught in the quagmire of self centeredness and parochialism.

  27. #28 by HJ Angus on Saturday, 29 January 2011 - 2:45 pm

    since an RCI is being set for for Teoh Beng Hock would it be appopriate for them to also include Kugan’s death?
    After all both cases share a common scenario -death while under the control of the MACC and the police.
    In fact the people should ask the government why they did not implement the IPCMC when that was recommeded by another RCI?
    If the IPCMC existed we may have fewer deaths in custody.

  28. #29 by good coolie on Saturday, 29 January 2011 - 3:44 pm

    What about the whole police station? Can’t we find ten honest people to blow the whistle on Bro. Kugan’s murder? What about your own children, my dear policemen? Can you guarantee that your own children will not suffer the same fate? If there is insufficient evidence, then the police have refused to collect sufficient evidence. The whole murder took place under their very noses.The police are taking us for fools!

  29. #30 by boh-liao on Saturday, 29 January 2011 - 4:01 pm

    Ai yo yo, we die die must also vote 4 UmnoB/BN/MIC, no matter what
    http://www.malaysiakini.com/news/154684
    UmnoB/BN can call us [email protected] [email protected] or kaki botol or descendants of beggars in Interlok, OK 1
    As long as we hv free stay n $$$ fr BN/MIC, OK 1
    Look, UmnoB looked after KamALan but PKR forced N. Gobalakrishnan 2 quit
    UmonB good loh, corrupt, evil, cheats, racists, nevermind, just give us crumbs, OK 1

  30. #31 by boh-liao on Saturday, 29 January 2011 - 4:13 pm

    D RCI investigating TBH’s death must finish its probe n submit its report by April 25
    No need 2 b so mah fun lah, we all oredi know d outcome of RCI mah
    Any1 here wants 2 volunteer 2 write d rpt 4 RCI so dat d rpt can b submitted 2 YDPA soon
    After dat, can continue 2 write another RCI rpt on Kugan’s death; happy LKS?

  31. #32 by undertaker888 on Saturday, 29 January 2011 - 4:14 pm

    But makkal sak-dik still want to support BN. money. Money. The love for money is the root of all evil. mamak can relay on this.

  32. #33 by k1980 on Saturday, 29 January 2011 - 5:45 pm

    http://www.themalaysianinsider.com/world/article/one-voice-one-message-from-people-mubarak-go/

    “For 30 years this government boasted about stability and security, for 30 years this government has failed to improve the lot of people,” father-of-three Jamaal Mossad, 50, said.

    Hey buddy, you have only 30 years to complain. Malaysians have 53 years!

  33. #34 by boh-liao on Saturday, 29 January 2011 - 6:01 pm

    What happened 2 d original beautiful dream of M’sia?
    http://www.youtube.com/watch?v=q-FI4Z7kBaM&feature=related

  34. #35 by tak tahan on Saturday, 29 January 2011 - 9:17 pm

    Nothing in high value is left by the present government in bolehland.Everything from talk,social living,judiciary,PDRM and now even as treating human life by this self secluded arrogant umnoputras’s world are considered cheap from generally people’s view or perspective.Malaysia is due to doom if we don’t kick them out,Makkal Sakti.De…..i.Do not let them treat you like p.ri.h if you are truly not one as i believe all human are born equal.There is no such thing one race is above the other.So de…i wake up man

  35. #36 by dawsheng on Saturday, 29 January 2011 - 11:30 pm

    A country with peaceful citizens do not need police.

  36. #37 by sotong on Sunday, 30 January 2011 - 9:48 am

    Good news….Li Na of China is the first Asian woman to reach the singles Grand Slam dominated by Europeans.

    She is an independent player with characters, not controlled by the Communist Party, funding her own tennis career to rank 7th in the world.

  37. #38 by boh-liao on Sunday, 30 January 2011 - 10:53 am

    D DAY 2day, will we get a NEW signal at d end of today fr TENANG voters?
    CHANGE or Happy with Corrupt Incompetent incumbents n 2 remain 2 b suppressed?

  38. #39 by ktteokt on Sunday, 30 January 2011 - 11:03 am

    Even heaven does not want the Tenang by-election to go on smoothly! It started raining early in the morning, making it difficult for Tenang voters to go for polling! This amounts to an act against heaven and mother nature!!!!!

  39. #40 by boh-liao on Sunday, 30 January 2011 - 11:13 am

    CSL n son, shivering @ d feet of their masters, r praying hard dat d Tenang Chinese voters do not BURY them n MCA
    CSL cried 2 d Chinese voters there: DO NOT FORSAKE ME, OH MY DARLING
    http://www.youtube.com/watch?v=A4a_1UhwgFU

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