Sunday, September 27, 2009

Kugan: Petition to palace fails - Malaysiakini

An attempt to submit a petition calling for a speedy probe into the death of detainee A Kugan to Istana Negara today was unsuccessful as the police refused to allow more than three persons to meet palace officials.

Some 20 people, including the deceased family members and supporters led by members of parliament Gobind Singh Deo (DAP-Puchong) and S Manikavasagam (PKR-Kapar) left the palace at 11.30am dejected.

“The family members alone consist of three people... what about their lawyer and the MPs accompanying the family? We too want to meet the palace officials when the petition is submitted,” said Gobind.

Also present were supporters of the banned Hindu Right Action Force (Hindraf) and newly-formed Human Right Party (HRP) members lead by its secretary-general P Uthayakumar.

petition to investigate kugan's death to istana 260909 kugan mother cryKugan's mother N Indra, his sister S Garthiyaini and brothers Iswara and Shargunan were also present.

Distraught by the police' refusal to let all of them to submit their petition, Indra broke in tears as her lawyer N Surendran and the parliamentarians tried to negotiate with the police.

She could hardly say much apart from demanding that justice be served and punishment meted out against her son's murderers.

petition to investigate kugan's death to istana 260909 argueGobind said he could not understand the "logic" of the police's refusal to allow more people to meet the palace officials.

"Firstly, it was not our intention to go into the palace, it was our intention to hand over the petition to the palace officials outside," said Gobind.

"We were there as a peaceful group, it was not our intention to create a ruckus... but the police did not seem to understand this," he said.

AG duty bound to take action

He also demanded that attorney-general Abdul Gani Patail to come forward and explain why nothing has been done in the past eight months.

"He (Abdul Gani) is duty-bound to explain to the public... I also ask why isn't the prime minister showing similar concern in this case as he did in the case of political aide Teoh Being Hock, who was found dead at the Malaysian Anti-Corruption Commission in Shah Alam," quizzed Gobind.

"The entire country cannot understand why the silence on the part of the AG, who had already classified it (Kugan's case) as a murder," asked Gobind.

petition to investigate kugan's death to istana 260909 uthayakumarUthayakumar added that Kugan's death was just the "tip of the iceberg" on deaths in police custody.

"The behaviour of the Brickfields OCPD Asst Comm Wan Abdul Bari Wan Abdul Khalid is not exemplary to the prime minister's call for One Malaysia," said Uthayakumar.

"While the government is saying the country will be more liberal by reviewing the Internal Security Act and Police Act, the implementation at ground level is not consistence," he said.

When approached by reporters Abdul Bari described the group as being unreasonable because they had initially agreed to a delegation comprising three people.

"However, despite the palace allowing up to five people to meet them, the whole group insisted on going in," Abdul Bari said.

Kugan, 23, died in custody at the Taipan police station in USJ on Jan 20 after being detained for questioning as part of an investigation into several luxury car theft cases.

The first autopsy conducted by the Serdang Hospital concluded that Kugan had died from liquid in his lungs.

Dissatisfied with the report, his family demanded that a second post-mortem to be done, as a video clip taken at the Serdang Hospital mortuary revealed severe bruising on Kugan's body.

Following massive public outcry accusing the police of foul play, AG Abdul Gani reclassified the case as murder and a day later 11 officers from the Taipan police station were transferred and put on desk duty.

The police had in April seized Kugan's blood and tissue samples from the second pathologist's office in Universiti Malaya Medical Centre.

Currently, the Malaysian Medical Council (MMC) is probing Dr Karim Tajuddin's professional conduct in relation to the cause of Kugan's death in the first post-mortem report at Serdang.

'We will not stop here'

The number of police officers, including Light Strike Force personnel, exceeded the number of the supporters gathered at the palace gates this morning.

petition to investigate kugan's death to istana 260909 fru"This again reflects the draconian manner in which the police are prepared to act in cases where they are alleged to be the suspects," blasted Gobind.

Gobind said further that the police should not have impeded their programme as their petition was against the lackadaisical attitude in the enforcement authorities.

"The police ought not to have interfered today because the complaint we are raising is squarely against them so it is difficult to understand how they can be independent in this circumstance," he said.

"The home minister should explain why a group of Malaysians in small numbers cannot handover a memorandum to their king... everyday you see tourists and foreigners taking photographs at the gates of the palace but the rakyat have to face a barricade of police officers to give a letter to king," he lamented.

"We make very clear we will not stop here and we will return soon... we sincerely hope that we will be allowed to hand over the petition next time without any interference," said Gobind, adding that he would be raising the matter in Parliament when it resume sitting on Oct 19.

Human rights lawyer Surendran, who is representing Kugan's family, said that they have evidence that the latter was "cold-bloodedly murdered".

"The specimens that we were supposed to have taken for toxicology would have given further proof the police had deliberately and intentionally murdered him," stressed Surendran.

There is a high-powered prosecution team that is fighting to stop us from obtaining the samples, said Surendran, adding that the judge is expected to rule on the matter which is coming up on Oct 2.

Kugan's mother has applied to the court for the samples, which were taken from the pathologist who did the second post-mortem, to be returned.

Kugan: Petition to palace fails