The Court of Appeal upholds decision of High Court Judge: IGP Khalid responsible for Kugan’s death in police custody

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Kugan, dead in police custody: Mother wins suit!

Malaysian Insider

Ex-cop who assaulted car thief suspect begins 3-year jail term

a
Former police constable V. Navindran was on RM20,000 bail pending the outcome of his appeal. – The Malaysian Insider file pic, May 22, 2015

Former police constable V. Navindran today began a three-year jail term for causing hurt to car thief suspect A. Kugan who died in police custody six years ago.

A three-man bench chaired by Court of Appeal president Tan Sri Raus Sharif said the trial judge in the Sessions Court came to the right conclusion in convicting  Navindran.

“There is no reason to disturb the findings of the trial judge, which was also affirmed by the High Court,” he said.

Navindran was on RM20,000 bail pending the outcome of his appeal.

On June 12, 2012, Shah Alam Sessions Court judge Aslam Zainuddin found Navindran guilty on two counts of causing hurt to Kugan, a victim of death in police custody.

Aslam sentenced Navindran to three years’ jail on each count but ordered it to be served concurrently.

– See more at: http://www.themalaysianinsider.com/malaysia/article/ex-cop-who-assaulted-car-thief-suspect-begins-3-year-jail-term#sthash.YHN9Uxe8.dpuf

8:39AM Aug 10, 2014

Malaysiakini

Suaram: Najib must sack IGP for Kugan’s death

Various parties have called for the sacking or suspension of Inspector-General of Police (IGP) Khalid Abu Bakar after the Court of Appeal yesterday upheld a decision that the top cop and his officers were liable for the death of A Kugan in a lock-up.

One, rights NGO Suaram said the Prime Minister must immediately sack Khalid as the three Court of Appeal judges have unanimously upheld the judgment of High Court on the case that found the IGP and his police officers responsible for Kugan’s death.

“An independent investigation must be conducted on the conduct of the Khalid and other police officers involved in the case when Khalid served as the Selangor chief of police…


“The IGP and his police officers involved in the case must be brought to criminal justice if the independent investigation is to find them criminally liable for the death…

“This would be in line with the judgment of the Court of Appeal that attributed liability at 55 percent for the death of Kugan against the police, and 45 percent against Navindran, the sole police officer that was charged and convicted so far,” said Suaram executive director Yap Swee Seng in a statement yesterday.

He said Prime Minister Najib Razak needs to show he is “serious in supporting the call of the Court of Appeal for zero tolerance of custodial deaths”.

“The prime minister should not fail a second time in restoring public confidence in the police force,” he added.

http://www.malaysiakini.com/news/271103

Malaysia Chronicle

Tuesday, 12 August 2014 07:20

WHEN THE IGP BEHAVES LIKE AN UMNO MAN: Police took on roles of judge, jury in Kugan’s case – court censure

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 of written judgment said this conduct, with respect, missed the point completely and that 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 Datuk David Wong Dak Wah, in the judgment which was made available to the media today.

In a unanimous ruling, the panel headed by Justice Datuk Mohamad Ariff Md Yusof, which also comprised Justice Datuk 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 to 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 in damages 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.

http://www.malaysia-chronicle.com/index.php?option=com_k2&view=item&id=338182:when-the-igp-behaves-like-an-umno-man-police-took-on-roles-of-judge-jury-in-kugans-case-court-censure&Itemid=2

AS EXPECTED, AN APPEAL IS FILED.

Malaysiakini

Gov’t files appeal against Kugan verdict
3:09PM Jul 12, 2013

As promised, the government today filed a notice of appeal against last month’s High Court decision in favour of the family of custodial death victim A Kugan.

This was revealed by the family’s solicitor, N Surendran, who said he was this afternoon served the notice of appeal, which was dated today.

Gov’t files appeal against Kugan verdict

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From the High Court Judge’s 128-page written judgement

Malaysian Insider

Evidence was suppressed in Kugan case, says judge

By V. Anbalagan
July 09, 2013

A High Court judge who held that the nation’s current Inspector-General of Police was responsible for the death of detainee A. Kugan, said there was also suppression of evidence during the trial.

Datuk V.T. Singham, who retired last month, said such an action amounted to undermining the judicial authority and ability of the court from performing its function.

“The evidence of Tan Sri Khalid Abu Bakar, when considered together with the testimonies of three other witnesses, is tantamount to suppression of evidence,” he said in his 128-page judgment, which was made available today.

Singham said no person of any position or rank should take the court for granted and attempt to hide the truth to escape liability.

“Police officers and Khalid must be reminded that their conduct lies not in the cold print of the statute book but in their integrity and conscience,” he said.

Singham said if not for human rights lawyer N. Surendran, who pursued a second postmortem for Kugan, the truth would have been swept under the carpet.
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Singham believed that the injuries Kugan suffered could not have been inflicted by one officer and that the senior officers cannot plead ignorance.

“This court also finds several glaring material contradictions between Khalid and other witnesses with respect to the investigation into the death of the deceased,” he said.

At the tail-end of the judgment Singham said there was a need to consider introducing the Independent  Police Complaints and Misconduct Commission, following a sharp rise in custodial deaths.

He said police officers must protect detainees, not abuse their powers.

“If the unlawful act is not checked, the belief that no harm can be caused on police officers will forever be reinforced,” he said.

Singham said this would result in people losing faith in the law as well as the enforcement agency.

“The recommendation by a Royal Commission should not be kept in cold storage but must be activated as soon as possible for the public to feel assured that an independent agency was looking into such matters,” he said.

Evidence was suppressed in Kugan case, says judge

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Court finds IGP Khalid liable for murder cover-up, misfeasance in public duty

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The judge’s decision is expected to open the floodgates to possibly many other civil suits against the police.

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AS EXPECTED, THE GOVERNMENT AND KHALID WILL APPEAL

Malaysian Insider

Govt, Khalid to appeal against Kugan decision, says Home Minister

June 30, 2013

An appeal will be filed over the decision made by the High Court last week, ruling that Inspector-General of Police Tan Sri Khalid Abu Bakar was responsible for the death of suspected car thief A. Kugan while in custody.

Home Minister Datuk Seri Ahmad Zahid Hamidi said both the government and Khalid would file an appeal against the decision made by High Court judge Justice V.T. Singham.

“We will take it up with the Court of Appeal and if that fails, we will proceed to the Federal Court. If an accused can appeal, why can’t the government appeal as well?” Ahmad Zahid was quoted as saying by the Sunday Star.

Govt, Khalid to appeal against Kugan decision, says Home Minister

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Malaysiakini

IGP must give full account of all custodial deaths

MP SPEAKS Inspector-general of police Khalid Abu Bakar can only regain public confidence that he is not complicit in the many deaths in police hands by coming clean and giving a full accounting of the custodial deaths of A Kugan and 230 others from 2000 until May 2013.

Or else, Khalid should honourably resign as head of the Royal Malaysian Police Force.

In a historic judgment on Wednesday, the Kuala Lumpur High Court ruled in a civil suit that Khalid was responsible for the death of detainee Kugan, who was physically tortured during interrogation by police four years ago.

High Court judge VT Singham, in allowing the negligence suit filed by Kugan’s mother, said the injuries Kugan suffered could not have been done by one officer and that the senior officers could not plead ignorance.

The judge also reprimanded Khalid for trying to cover-up and suppress the truth to escape liability for Kugan’s death in January 2009.

Can Malaysia afford to have an IGP to uphold the law when he has been ruled by the High Court as suppressing the truth, trying to cover up, being negligent and responsible for a custodial death?

IGP must give full account of all custodial deaths

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Malaysiakini

Suaram cites court decision on Kugan for IGP to quit
6:07PM Jun 27, 2013

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.

NONEE 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.
…..

“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.”

Suaram cites court decision on Kugan for IGP to quit

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‘Criminal’ IGP: Surendran calls for disciplinary action, criminal probe ag

Malaysia Chronicle

Thursday, 27 June 2013 09:12

‘CRIMINAL’ IGP: Surendran to call for Parliamentary censure, disciplinary action against Khalid

Written by  Malaysia Chronicle

Human rights lawyer N Surendran may be a first-term Member of Parliament, sworn-in only days ago, but he is not wasting any time.

Surendran will be calling on Parliament to censure the Inspector General of Police Khalid Abu Bakar, who was found liable by the Kuala Lumpur High Court a day ago of being responsible for the death of a 22-year-old suspect and trying to cover his “murder” by police interrogators.

“I will be raising the issues raised in yesterday’s landmark court ruling during the King’s speech today,” Surendran told Malaysia Chronicle.

‘CRIMINAL’ IGP: Surendran to call for Parliamentary censure, disciplinary action against K

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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.”

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Malaysiakini

IGP Khalid has no honour, says Puchong MP
10:38AM Jun 27, 2013

Inspector-General of Police (IGP) Khalid Abu Bakar is now highly discredited, with the High Court implicating him in covering up the cause of death of suspected car thief A Kugan, Puchong MP Gobind Singh Deo says.

“It must have been brought to the notice of the prime minister that the conduct of the IGP was seriously in question with the case of Kugan pending, but yet the prime minister felt it fit for him (Khalid) to be appointed as IGP.

“Now, the prime minister is highly embarrassed and he has only himself to blame for not realising the obvious, which is that the court could well find against Khalid in the case, which it ultimately did,” Gobind said in a statement yesterday.

IGP Khalid has no honour, says Puchong MP

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Malaysian Insider

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 Inspector-General 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 nation’s 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.

Kugan case: IGP must quit, say Opposition MPs

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“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.”

Malaysian Insider

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.
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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.

IGP responsible for Kugan’s death in police custody, court rules

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Malaysia Chronicle

Wednesday, 26 June 2013 14:01

Court awards RM801k damages to Kugan’s mum, scolds IGP, govt for covering up “murder”

Written by  Malaysia Chronicle

The mother of Kugan Ananthan, a 22-year-old car theft suspect who brutally beaten to death his police interrogators, has won a landmark case against the government and the Inspector General of Police Khalid Abu Bakar.
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In delivering judgement against the government, Khalid and two other police officers, High Court judge VT Singham minced no words, condemning the IGP for failing to carry his responsibility to ensure Kugan’s safety.
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The judge also found Khalid guilty of trying to cover the cause of Kugan’s death while lauding N Surendran, a human rights lawyer who had fought for a second post-mortem be carried out.
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Kugan’s mother, N Indra, was awarded RM801,000 in damages with interest at 5% running from the time the suit was filed.
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Court awards RM801k damages to Kugan’s mum, scolds IGP, govt for covering up “murder”

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3 Responses to The Court of Appeal upholds decision of High Court Judge: IGP Khalid responsible for Kugan’s death in police custody

  1. Pingback: Friday, 5 July 2013: Latest death in Police Custody… | weehingthong

  2. Pingback: Court Cases…. | weehingthong

  3. Pingback: The IGP will singlehandedly ensure that Penang remain a DAP state! | weehingthong

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