Senior medical practitioners and a senior lawyer agree that the police version that suspected luxury car thief Kugan Ananthan collapsed and died upon drinking a glass of water, doesn’t quite tally with reports on the first post-mortem which attributes the cause of death to the presence of fluid in the lungs.

Based on the reported police version, a senior medical practitioner pinpoints three possibilities:

1)the deceased suffering a sudden act of violence while he was drinking, resulting in the water entering the lungs;

2)the deceased being forced to drink large quantities of water in a short space of time with no time given to breathe; and
forcible submersion of the deceased by the head in a pail of water or water-boarding torture as practiced at the Guantanamo Bay Detention Centre in Cuba.

3)Drowning or disambiguation is defined as death from suffocation (asphyxia) caused by a liquid entering the lungs and preventing the absorption of oxygen, leading to cerebral hypoxia (deprivation of oxygen) and cardiac arrest.

A continued lack of oxygen in the brain, say doctors, will quickly render a victim unconscious usually around a blood partial pressure of oxygen of 25-30mmHg.

Doesn't make medical sense

Near drowning is the survival of a drowning event involving unconsciousness or water inhalation and can lead to serious complications after the event and resulting in death.

Secondary drowning is death due to chemical or biological changes in the lungs after a near drowning accident.

Finally, there’s submersion by another person.

“One could of course drop dead suddenly while doing anything, for any number of reasons, not necessarily drinking a glass of water,” added another doctor in private practice for many years.

“However, to say that someone suddenly collapsed and died while drinking a glass of water that he had requested for in the first place and later to state the cause of death as a result of the presence of fluid in the lungs, doesn’t quite make medical sense.”

In forensic pathology, water in the lungs indicates that the victim was still alive at the point of submersion, according to the doctor.

Forensic is a branch of pathology concerned with determining the cause of death by examination of a cadaver (corpse or dead body). The autopsy is performed by the pathologist at the request of a coroner usually during the investigation of criminal law cases and civil cases in some jurisdictions. Forensic pathologists are also frequently asked to confirm the identity of a cadaver.

Medical literature cited by doctors show that if water enters the airways of a conscious victim, the victim will try to cough up the water or swallow it thus inhaling more water involuntarily.

Upon water entering the airways, both conscious and unconscious victims experience laryngospasm i.e. the larynx or the vocal cords in the throat constrict and seal the air tube.

This prevents water from entering the lungs. Because of this laryngospasm, water enters the stomach in the initial phase of drowning (liquid in the lungs) and very little enters the lungs.

Unfortunately, this can interfere with air entering the lungs too. In most victims, the laryngospasm relaxes some time after unconsciousness and water can enter the lungs, causing a “wet drowning”.

However, about 10 to 15 per cent of victims maintain this seal until cardiac arrest and this is called “dry drowning” as no water enters the lungs.

'Novous Actus Interveniens'

In the absence of the truth, rumours spread like wildfire.

The story making the rounds in the medical community is that the deceased - Kugan - had his head forcibly ducked in a pail of water.

It is not known what efforts, if any, the police made to revive Kugan after he reportedly dropped dead.

Doctors say that the rule “no patient should be pronounced dead until warm and dead applies” and “drowning victims should be treated even if they have been submerged for a long time”.

In extreme cases known to medical science, a child survived after being submerged in cold water for 70 minutes while a young man survived 38 minutes under water.

Widely circulated video footage of Kugan’s body show that he apparently suffered numerous lacerations with open wounds and cuts consistent with being beaten or whipped, being tied or even hanged, swellings, burn marks and water scalding in patches of discolouration.

Without a close examination of the body, doctors say it would not be possible to determine whether these had any bearing on the cause of death. “Internally, there could have been hemorrhaging,” say doctors.

“Videos clips shown of the deceased’s body could be a critical area of inquiry,” writes senior Malaysian-Aussie lawyer, Quintin Rozario, in an email this morning from Brisbane, Australia where he’s in private practice.

“Did Kugan go into custody with bruises or was it a result of something that happened in custody. The police commissioners or minister’s statements in this regard are important in that they corroborate what illegal practices they acknowledge occur including assault during interrogation.

“They may now rely on a lesser charge of saying that another intervening act to theirs caused his death. The Latin term is “Novous Actus Interveniens”. Hence, the water excuse. While he may have been assaulted, the argument would be that it was not assault occasioning grievous bodily harm resulting in his death. Instead, they will, say that he gulped the water down so fast it killed him.”

Medical opinions sought by Rozario do not rule out death as a result of severe trauma to the brain caused by blunt instruments including a clenched fist over a sustained period of time, trauma and shock to the bodily wounds inflicted by a sharp instrument or something that would caused the skin and flesh to be ripped open as the video clippings show.

The police personnel involved in the death of 22-year-old detainee Kugan Ananthan are expected to be charged next week.

According to a source, at least nine rank-and-file personnel from the Subang Jaya police district CID department are expected to be hauled to court.

However, it is learnt that the officers - aged between late 20s and early 50s - could be slapped with a lesser charge instead of murder (Section 302 of the Penal Code), which carries the death penalty.

One possibility is for them to be charged with either 'causing hurt' (Section 330) or 'causing grievous hurt' (Section 331) to extort confession.

If found guilty, the police officers could face a maximum jail term of seven years (for causing hurt) or 10 years (for causing grievous hurt).

The case was initially classified as sudden death but following the emergence of a video clip which depicted severe lacerations on the body of the deceased, attorney-general Abdul Gani Patail last Friday reclassified the case as murder.

Eleven police officers were subsequently reassigned to desk duty pending investigations.

AG sends back investigation papers

Yesterday, the AG sent back the investigation papers from the police and ordered them to conduct a more thorough probe.

According to a report in the New Straits Times, Abdul Gani was unsatisfied with the results of the investigation.

He had also demanded to see the results of the second post-mortem conducted at the University Malaya Medical Centre (UUMC) on Sunday.

The second post-mortem was done after the family had rejected the findings of the first examination which stated that Kugan had died of fluid accumulation in his lungs.

While the results of the second post-mortem have not been revealed, those close to the deceased's family have said that the findings are 'satisfactory', indicating that there could be elements which point in the direction of foul play.

Kugan was arrested on Jan 15 in connection with several car theft cases. He died at the Taipan police station five days later.

It was reported that the deceased had asked for a glass of water, and upon drinking, collapsed and died.

His remains were laid to rest at the Hindu cemetery in Puchong yesterday following a funeral procession which drew hundreds, including prominent politicians.

PUTRAJAYA: None of the 11 policemen being investigated for A. Kugan's death have been remanded as investigations are still going on.

"We are trying to establish if they were responsible for his death. Don't expect us to remand all of them without first conducting an investigation," Selangor police chief Datuk Khalid Abu Bakar said.

The 11 policemen from the Taipan police station have been reassigned to desk duties at the Selangor police headquarters.

Questions have been raised as to why the 11 were not remanded since it was a murder case.

Khalid reiterated that action would be taken against those found to have been involved in Kugan's death.

"We urge the public to be patient and allow us to do our job."

Asked about the second post-mortem report, Khalid said police had nothing to do with it, adding that questions pertaining to the report should be referred to Kugan's family.

It was reported that Attorney-General Tan Sri Abdul Gani Patail had demanded for the second post-mortem report after sending back the investigation papers on Kugan's death to the police for further probe.

Yesterday, Inspector-General of Police Tan Sri Musa Hassan was seen entering the Attorney-General's Chambers about noon.

He left several hours later and rubbished the newspaper report alleging that the attorney-general had rejected police findings of the case.

"Investigations are still going on. It is being conducted fairly," he said, refusing to take further questions.

Kugan's death, which was earlier classified as voluntarily causing hurt to extort a confession, was reclassified as murder last Friday.

After the 22-year-old's death, a group of people allegedly barged into the Serdang Hospital mortuary to take photographs and to inspect the body.

Kugan, a suspected car thief, was arrested on Jan 14 after a car chase and was held at the Taipan police station.

He led police to the recovery of 13 stolen vehicles which were ready to be shipped overseas. He collapsed and died in the police station on Jan 20.

PUTRAJAYA: None of the 11 policemen being investigated for A. Kugan's death have been remanded as investigations are still going on.

"We are trying to establish if they were responsible for his death. Don't expect us to remand all of them without first conducting an investigation," Selangor police chief Datuk Khalid Abu Bakar said.

The 11 policemen from the Taipan police station have been reassigned to desk duties at the Selangor police headquarters.

Questions have been raised as to why the 11 were not remanded since it was a murder case.

Khalid reiterated that action would be taken against those found to have been involved in Kugan's death.

"We urge the public to be patient and allow us to do our job."

Asked about the second post-mortem report, Khalid said police had nothing to do with it, adding that questions pertaining to the report should be referred to Kugan's family.

It was reported that Attorney-General Tan Sri Abdul Gani Patail had demanded for the second post-mortem report after sending back the investigation papers on Kugan's death to the police for further probe.

Yesterday, Inspector-General of Police Tan Sri Musa Hassan was seen entering the Attorney-General's Chambers about noon.

He left several hours later and rubbished the newspaper report alleging that the attorney-general had rejected police findings of the case.

"Investigations are still going on. It is being conducted fairly," he said, refusing to take further questions.

Kugan's death, which was earlier classified as voluntarily causing hurt to extort a confession, was reclassified as murder last Friday.

After the 22-year-old's death, a group of people allegedly barged into the Serdang Hospital mortuary to take photographs and to inspect the body.

Kugan, a suspected car thief, was arrested on Jan 14 after a car chase and was held at the Taipan police station.

He led police to the recovery of 13 stolen vehicles which were ready to be shipped overseas. He collapsed and died in the police station on Jan 20.

KUALA LUMPUR: Kapar MP S. Manikava—sagam has lodged a police report against Selangor police chief Deputy Comm Datuk Khalid Abu Bakar over the death of A. Kugan.

He claimed that DCP Khalid had accused Kugan’s family and 50 others of storming into the Serdang Hospital mortuary where Kugan’s body was kept.

He said DCP Khalid had also accused Deputy Ministers in the Prime Minister’s Department T. Murugiah and Datuk S.K. Devamany of joining in the mob.

He said he has a DVD recording that showed the mortuary attendants opening the door and letting everyone in.

“So how can he say that we barged in?” he asked after lodging the report at the Brickfields district police headquarters yesterday.

Manikavasagam also claimed that a police officer came to his office in Kapar and seized the DVD recording.

Puchong MP Gobind Singh Deo said it was disheartening of Home Minister Datuk Seri Syed Hamid Syed Albar to say that the public did not care when a policeman dies.

“This is certainly not true.

“The issue here is not so much the victim but the police who abused their powers to the extent of causing the death of a detainee in police custody,” he said.

Kugan, 22, was arrested on Jan 14 in connection with a luxury car theft ring in Sungai Chua, Kajang.

He died at the Taipan police station on Jan 20.

KUALA LUMPUR: A murder suspect was among six 'mourners' who were picked up by police during A. Kugan's funeral procession yesterday.

City police chief Datuk Muhammad Sabtu Osman said the murder suspect was wanted in a case in Johor, while another 'mourner' was wanted in connection with several cases of car theft.

The two were involved in a scuffle with the police who had earlier asked them to disperse from the grounds of the University Malaya Medical Centre (UMMC).

"The others were detained for obstructing police from carrying out their duties and for wearing T-shirts bearing the the name of Hindraf, a banned movement," said Sabtu, adding that among them was Hindraf coordinator R.S. Thanenthiran.

Five of the detainees were released after they had their statements recorded later in the evening.

The crowd started gathering at noon with some 100 people outside the UMMC mortuary.

A brief commotion occurred between Federal Reserve Unit personnel and the crowd when they were stopped from going into the mortuary.

About 150 police personnel, including FRU personnel, were on standby, with six FRU trucks and two water cannons stationed outside the hospital.

Police helicopters were also seen hovering above the hospital.

Among those who were allowed into the mortuary were Kugan's family members, Penang Deputy Chief Minister Prof Dr P. Ramasamy, Puchong MP Gobind Singh Deo, Kapar MP S. Manikavasagam, Seputeh MP Teresa Kok, Kelana Jaya MP Loh Gwo-Burne and Kugan's family lawyer N. Surendran.

The family claimed the body at 2pm and the hearse, a gold-coloured Mercedes-Benz, accompanied by a 300-strong crowd, made its way to the USJ 8 police station, where Kugan died while in detention.

According to Manikavasagam, the "stop" was to carry out a brief prayer session to "appease Kugan's soul".

The gathering outside the police station, however, was nothing more than abuses being rained on the police. Several of them were also seen carrying placards.

The crowd dispersed to the Puchong Batu 14 burial ground 15 minutes later.

Kugan's body was finally laid to rest about 5.05pm.

Gobind later told reporters that charging the culprits alone was not good enough.

"The family should be given cash compensation for the suffering they had endured."

The crowd outside the hospital before the hearse left for the cemetery.

PUTRAJAYA: Enforcement officers are often caught in a dilemma, said Home Minister Datuk Seri Syed Hamid Albar.

"They are caught between protecting law-abiding citizens and ensuring that human rights are not violated in the process of enforcing the law.

"If someone dies in custody, there is no compromise. We will investigate and take action.

"Equally, it also violates human rights if criminals are allowed to hurt people. The people also have the right to feel safe and secure."

The home minister urged the public not to hail criminals as heroes and enforcement officers as demons for doing their job.

"Do we ever show the anguish of the wife or children of a dead policeman? Do we ever show the cries of robbery victims?"

Syed Hamid said initial investigations into Kugan's arrest revealed that the deceased had links to a gang which was believed to be involved in 19 robberies.

He said three of the gang members, including Kugan, were arrested but the gang leader was still at large.

Described as violent and dangerous, the gang is top on the police's wanted list.

"The gang, usually armed with parang, would stage an accident before robbing their victims.

"I am not pinpointing anyone, just explaining what the gang had been doing."

Syed Hamid declined to reveal evidence on the gang as investigations were still ongoing.

He said Kugan had given information in his statement to the police, adding that police were trying to round up the gang.

KUALA LUMPUR: One of MIC president Datuk Seri S. Samy Vellu's fiercest critics and former party central working committee member, K.P. Samy, who was sacked last year, is expected to be re-admitted into the party soon.

The party's CWC will meet today with Samy's application to re-join the party on the top of the agenda.

The vocal leader, who was closely aligned to the now banned Hindu Rights Action Force (Hindraf), said he would be rejoining the MIC and that a press conference would be held in a day or two.

"Yes, it's true (that he is re-joining the MIC) and I will make an official announcement in a day or two after everything is finalised.

"I am re-joining the party to improve the image of the Barisan Nasional and MIC. I will continue to talk about issues without fear or favour."

Samy, the former Shahbandar Shah Alam MIC branch chairman, was expelled after he openly supported the massive Hindraf demonstration in Kuala Lumpur in November, 2007.

A close ally of former MIC deputy president Datuk S. Subramaniam, he said he was never against the ruling BN government and now realised "that BN did give out assistance to Indians, but it never reached the grassroots".

"Since I was expelled, I had many offers from various parties, including the opposition.

"But I never joined any party because I had faith in the MIC and BN. Although I was with MIC, there were some things that I did not agree with and opposed them openly."

Asked if he would continue to be vocal against Samy Vellu, he said: "I will if he makes mistakes."

"In fact, even if my political mentor (Subramaniam) is to make a mistake, I will be vocal about it. The same applies to any other party leader. There must be a voice to correct any wrongdoings.

"I was in MIC for 37 years before I was expelled and I am not looking for any position."

On his stand on Samy Vellu's prolonged presidency, Samy said it was high time that the veteran leader, who had helmed the MIC since 1979, set a date for his departure from active politics.

"What needs to be done now is for him to set a succession date and name who would succeed him."

The businessman said that it was not the time for infighting in the MIC, but for all leaders to work together and win back the support of the Indians. -- Bernama

About 500 people marched behind a gold-coloured hearse carrying the body of Kugan Ananthan, who died in police custody last Tuesday.

MCPXThe procession from Universiti Malaya Medical Centre (UMMC) in Petaling Jaya - where the second post-mortem was conducted on Sunday - left at 2.05pm.

The crowd marched to a Hindu cemetery some 20 kilometres away in Puchong and briefly walked pass the police station in Subang Jaya where Kugan died.

The long march, under the hot sun and later in the rain, took 2 hours and 30 minutes to reach the destination.

The funeral procession has been organised to protest police brutality, the latest of which resulted in the death of 22-year-old Kugan.

Earlier this morning, police closed all roads leading to UMMC ahead of the funeral procession.

The police have arrested five people - three for wearing a T-shirt of the banned movement Hindraf, and the other two for trying to breach a police barricade to enter the UMMC mortuary.

Among those arrested was Hindraf coordinator RS Thanendran.

Marchers arrived at police station

Kugan, who was detained on Jan 15 at the Taipan police station in Subang Jaya on suspicion of being involved in the theft of luxury cars in Sungai Chua, Kajang, died while being questioned five days later.

Selangor police chief Khalid Abu Bakar yesterday issued a warning against turning Kugan's funeral into a political rally.

He also told those attending the funeral not to participate in any illegal gathering or carry banners and posters.

Despite the stern warning, hundreds of people gathered at the UMMC before the procession started under heavy police presence.

Kapar member of parliament S Manikavasagam had earlier told Malaysiakini that the procession would stop at the Taipan police station where Hindu rites will be performed for Kugan before proceeding to the cemetery.

Meanwhile a crowd of 100, along with a team of 20 riot police, had gathered outside the police station. while a police helicopter hovered above, to wait for the procession.

The procession - which had grown to about 500 people - arrived at the police station at 3.20pm - about 80 minutes after the march kicked off.

They stopped for about two minutes to shout slogans against police brutality and then continued on to the cemetery in Puchong where Kugan will be cremated.

However, they did not conduct any rites as previously announced.

The marchers arrived at the Puchong cemetery at 4.30pm.

About 200 people marched behind a gold-coloured hearse carrying the body of Kugan Ananthan, who died in police custody last Tuesday.

The procession from Universiti Malaya Medical Centre (UMMC) in Petaling Jaya - where the second post-mortem was conducted on Sunday - left at 2.05pm.

The crowd is to march to a Hindu cemetery some 20 kilometres away in Puchong and will pass the police station in Subang Jaya where Kugan died.

The procession has been organised to protest police brutality, the latest of which resulted in the death of 22-year-old Kugan.

Earlier this morning, police closed all roads leading to UMMC ahead of the funeral procession.

The police have arrested five people so far - two for allegedly obstructing the police from doing their duty, and the other two for trying to breach a police barricade to enter the UMMC mortuary.

A fifth person - Hindraf coordinator RS Thanendran - was arrested for allegedly wearing a T-shirt of the banned movement Hindraf.

Police chief warned against funeral march

Kugan, who was detained on Jan 15 at the Taipan police station in Subang Jaya on suspicion of being involved in the theft of luxury cars in Sungai Chua, Kajang, died while being questioned five days later.

Selangor police chief Khalid Abu Bakar yesterday issued a warning against turning Kugan's funeral into a political rally.

He also told those attending the funeral not to participate in any illegal gathering or carry banners and posters.

Hundreds of people have gathered at the UMMC before the procession started under heavey police presence.

Kapar member of parliament S Manikavasagam told Malaysiakini that the procession will stop at the Taipan police station where Hindu rites will be performed for Kugan before proceeding to the cemetery.

A crowd of 30, along with a team of 20 riot police, have gathered outside the police station waiting for the funeral procession to arrive.

KUALA LUMPUR, Jan 27 – A second autopsy on suspected car thief Kugan Ananthan has found external injuries caused by blunt force trauma, sources told The Malaysian Insider.

The 22-year-old, who died while in police custody on Jan 20, was said to have died of cardiac arrest following the injuries, the sources said.

Initial findings also revealed Kugan was asthmatic, and his condition had caused phlegm to accumulate in his lungs.

The full report is expected to be issued within days after Universiti Malaya Medical Centre pathologists carried out the autopsy that lasted nearly 10 hours on Sunday following a dispute over earlier findings that he had died of "water in the lungs".

The Attorney-General’s Chambers have classified the case as murder and 11 policemen from the Subang USJ Taipan police station have been reassigned to desk duty pending investigations.

It is understood that closed-circuit-television-cameras (CCTV) were not placed in the police station’s lock-up despite a directive years ago that was intended to prevent claims of police abuse.

Kugan was said to be part of a syndicate involved in stealing luxury cars but his family said he has no criminal record and worked as an insurance claims executive.

Kugan will be cremated at the Puchong Batu 14 crematorium on Wednesday.

Fearing trouble, police have warned his family and friends not to turn the funeral into a protest following unconfirmed reports that a procession with banners and placards are being planned.

The police are now questioning some 21 people, including two deputy ministers, for allegedly barging into a hospital mortuary to view Kugan’s body last week. The family and the two politicians dispute the police and hospital version of events, saying they had a right to see the body.

His death is the latest over the years of suspects, mainly Indians, who had died suddenly in police custody.

Political parties across the divide have asked for an independent probe into his death and others in the past.

His family has also criticised the police for hiding behind a wall of silence over the death.

“The police never informed us that he was arrested and we only heard about it from an anonymous caller,” Kugan’s uncle V. Raviroy told The Malaysian Insider.

The 42-year-old businessman said no matter what Kugan was accused of doing; he did not deserve to die.

“Kugan was only 22, he had his whole life ahead of him, why did he end up dead in the lockup?” he lamented.

Deputy Minister in the Prime Minister's Department SK Devamany today said the death of Kugan Ananthan should not be turned into a racial issue.

He also admonished those who were using the 22-year-old's death for political gain.

"This is not a racial issue and anyone who intends to make it one is being very irresponsible.

"Using the death of a young man for political gain is the lowest one can go in politics," he said in a statement today without naming anyone in particular.

He added that Kugan's death at the hands of the police was a tragedy that warrants a full and transparent investigation.

Devamany is being investigated by the police for allegedly breaking into the Serdang Hospital morgue on Tuesday night to see Kugan's body, along with several others, including another deputy minister T Murugiah.

The MIC treasurer however reiterated that no such illegal incident had occurred at the mortuary.

"For the record, I once again state that at no time was any force used to procure entry into the mortuary," he said.

Disheartened with Home Minister

He added that he had told the police this when asked to give his statement at the Sepang police headquarters.

Devamany was also disheartened by Home Minister Syed Hamid Albar's statement on his and Murugiah's alleged wrongdoing in breaking into the morgue.

"As part of the BN government, the home minister could have first clarified the matter with us to gain a more accurate picture of what actually transpired and to appreciate our intentions and reasons for being at the Serdang Hospital mortuary," he said.

Kugan, 22, who was detained on Jan 15 at the Taipan police station in Subang Jaya on suspicion of being involved in the theft of luxury cars in Sungai Chua, Kajang, died while being questioned on Jan 20.

His family is claiming that he was assaulted. The first post-mortem done at the Serdang Hospital revealed that he had died of liquid in his lungs.

The family has insisted on a second post-mortem, which was done on Sunday at the Universiti Malaya Medical Centre (UMMC). His remains will be buried later today.

'It's a Malaysian issue'

A procession is planned to start from UMMC to a cemetery in Puchong at 2pm today. The police have however warned against the ‘illegal' procession, stating that it is politically motivated.

Yesterday a non-governmental organisation Pewaris appealed to MIC president S Samy Vellu to urge the Indian community not to get involved in the procession.

Pewaris deputy chairman II Rahimuddin Md Harun told a press conference that any protest during the procession would be inadvisable as it might offend the sensitivities of others.

Responding to this today, an Indian-based NGO calling itself Concern Youth Movement (CYM) said that Kugan's death was not just an Indian issue.

"The brutal death of Kugan in police custody has offended the sensitivities of all Malaysians regardless of their background, race, religion and colour.

"Kugan's death is Malaysians' issue. The whole nation wants to know the truth," said CYM coordinator Manivanan Gowin.

"We would like Pewaris to understand the difference between protest demonstrations and funeral processions.

"It is normal practice for all Malaysians regardless of their background, race, religion and colour to follow a funeral possession (to pay) their last respects," he said.

He added that the police should allow everyone to pay their last respects to Kugan.

Codify police powers

In another development, Gerakan deputy president Chang Ko Youn said that Kugan's death has stressed the need for the codification of police investigation powers.

"It is important for us to seriously evaluate the enactment of a piece of legislation that will codify the current laws on investigation of crimes and the detention of suspects," said Chang, who is also the party's legal and human rights bureau head.

He said a variety of Acts and the Penal Code govern police investigation and detention procedures.

"The current protection for suspects is inadequate, resulting in a considerable number of suspects losing their lives while under detention," he said.

He added that a law like the UK's Police and Criminal Evidence Act 1984 is needed to codify how the police must treat suspects.

Chang said a codified Act can also ensure that the police respect basic principles of human rights.

He also expressed his disappointment that not all lock-ups have been fitted with close-circuit television caneras (CCTV) despite a legal requirement to do so.

"For too long we have given very wide powers to our enforcement officials, resulting in abuse and mismanagement of the power.

"This does not reflect well on the government as a whole and we risk the people's support if we remain inert on this important issue."

He said that the government must take immediate actions to prevent custodial deaths.

AirAsia boss Tony Fernandez has described his decision to sponsor Khairy Jamaluddin’s MyTeam football project as being the “biggest mistake” of his life.


MCPX
He said the move - which was meant to make some local lads’ dreams come true - “backfired” instead when it was rumoured that Khairy, Prime Minister Abdullah Ahmad Badawi’s son-in-law, owned a stake in AirAsia.

“The biggest mistake of my life, and to be fair to this guy, (was when) Khairy Jamaluddin’s team came to propose sponsoring the MyTeam (football project).

“How fantastic - taking guys from the rubber estates, from kampungs, from new villages - to London to play Manchester United. This airline is all about making dreams come true. We’ve also sponsored Manchester United. How great!” said Fernandez in a 60-minute interview with Malaysiakini last Thursday in his office at the Low-Cost Carrier Terminal in Sepang.

“But then it backfired because suddenly, it was rumoured that Khairy and the ‘Fourth Floor’ now own 40 percent of AirAsia.”

Fernandes said he was willing to swear on whatever sacred scripture that would satisfy those who claimed that Khairy has a sizable stake in the budget carrier.

“I hate to sound like a politician, but put a Bible, Quran, whatever, in front of me and I'll swear on it and say no! I only did the MyTeam thing with him.”

According to Fernandes, the blogosphere where the rumours have originated is become “sick and twisted”.

‘I’ve tried to engage bloggers’

The AirAsia’s 46-year-old chief executive argued that had he enjoyed close links with Abdullah and Khairy, the airline would not have lost several lucrative contracts to MAS.

He cited the deal to transport Muslim pilgrims to Saudi Arabia and the arrangement with the Defence Ministry to transport soldiers between East Malaysia and Peninsular Malaysia.

“Under DRB-Hicom, we had the haj contract, which was very valuable to us, and I did it for two years. MAS took that away (in 2003). They undercut us, we couldn't match it, and it was gone. But that's fair competition. No complaints. But you say I'm a crony? If so, I should have been able, with all my powerful friends, to keep the haj contract.

“The Ministry of Defence contract, we did it for seven years and gave fantastic service to the army. Look who's minister of defence (PM Abdullah) now. Yet, we lost 50 percent of the defence contract to MAS,” said Fernandes.

He blamed a “vicious” community of bloggers for failing to appraise his company objectively.

“It's guilt by association. I'm ‘collateral damage’, aren't I?” he said. “There's just a vicious community of bloggers out there who just spout hate. I've tried to engage them. I've even invited them here.”

However, if there’s one positive outcome from the personal attacks, it is the motivation for Fernandez to prove his detractors wrong.

“They're willing to bash me and use racial slurs. There's one good thing, though, and that's they've called me fat. So now I'm motivated to be thin! When I read the blogs, I see, ‘Hey Fatso!' But I'm going to show you I can be thin!” said Fernandes, laughing.

KUALA LUMPUR: The MIC will defend two deputy ministers if the authorities find they have broken the law in the incident where a crowd entered the mortuary of Serdang Hospital last Tuesday.

“We will hire as many lawyers to defend them if they are charged in court,” MIC president Datuk Seri S. Samy Vellu said in a statement issued here Monday.

He was commenting on Home Minister Datuk Seri Syed Hamid Albar’s statement Sunday that Datuk K. Devamany and Senator T. Murugiah, both deputy ministers in the Prime Minister’s Department, might likely face action if they were present at the mortuary when a crowd entered the mortuary to examine the body of suspected car thief A. Kugan who had died while in police custody.

The MIC president said it did not matter which party the two deputy ministers hailed from as long as they were Indians “because the MIC represents the Indian community in Malaysia.”

Devamany is a MIC member, but Murugiah is from the People’s Progressive Party (PPP).

Devamany was among nine people quizzed by the police Sunday over the incident. It was also reported that 11 policemen being investigated for allegedly causing hurt to Kugan would not be spared action if they were found to have abused their powers.

Kugan, 22, who was detained on Jan 15 at the Taipan police station in Subang Jaya on suspicion of being involved in the theft of luxury cars in Sungai Chua, Kajang, died while being questioned last Tuesday.

Selangor police chief Datuk Khalid Abu Bakar had said a postmortem found that Kugan had died due to fluid in his lungs, but Kugan’s family sought a second postmortem, insisting that Kugan had died of injuries.

Attorney-General Tan Sri Abdul Gani Patail later asked the police to classify Kugan’s death as murder.

Samy Vellu also urged Syed Hamid to ensure that the police probe into Kugan’s death was transparent.

“The MIC will be monitoring the case but we are confident that the police will leave no stone unturned in their investigation,” he said. -- Bernama

KUALA LUMPUR: The death of police detainee A. Kugan has caught the attention of Deputy Prime Minister Datuk Seri Najib Razak.

Najib was briefed on the incident, and the controversies which arose after the youth's death, by Deputy Minister in the Prime Minister's Department Senator T. Murugiah.

The deputy prime minister conveyed his condolences to Kugan's family and asked for the photographs showing the bruises on the youth's body.

"I will be handing over the photographs to the deputy prime minister soon," Murugiah said yesterday, adding that he briefed Najib over the phone.

Murugiah was speaking outside the University Malaya Medical Centre mortuary yesterday where a second post- mortem was conducted on Kugan's body.

The second post-mortem, which was demanded by the family and approved by the police, came about after Kugan's death was reclassified as a murder investigation.

To date, 11 police personnel from the Taipan police station are under investigation for the case which sparked another public outcry over yet another death of a detainee.

The death of Kugan also landed Murugiah and his colleague, Datuk S.K. Devamany, in trouble with the law after it was alleged that they were part of the group which went to the Serdang Hospital mortuary to take photographs of Kugan's body before the post- mortem was conducted.

Murugiah urged the media and the public not to blow the mortuary incident out of proportion.

"The family did not break open the door.

"They were allowed in after waiting outside the mortuary for eight hours."

Murugiah said he would also consult his lawyers about the possibility of filing a civil suit against Selangor police chief Datuk Khalid Abu Bakar, whose statement to the press implied that Murugiah had been involved in the mortuary incident.

Murugiah has since clarified that he reached the mortuary after the deceased's family were already inside the cold room.

"Khalid's statement tarnished my image. I only did what I had to do as a deputy minister.

"In fact, he (Khalid) should thank me for defusing the situation at the mortuary and preventing it from reaching boiling point, instead of blaming me."

Kugan was detained after a car chase in the Taipan area in USJ Subang Jaya on Jan 14.

He was held in remand and died on Jan 20 while being interrogated.

The family alleged police brutality after seeing the bruises on his body. They called for an investigation into the incident.

The case, which was initially classified as voluntarily causing hurt to extract a confession, was reclassified as murder by the Attorney-General's Chambers on Friday.

The second post-mortem on the remains of Kugan Ananthan was completed about 9.30pm at the University Malaya Medical Centre (UUMC).

MCPXThe procedure, which started at about 2.30pm, was carried out by a forensic pathologist identified as Dr Prashant.

When contacted, PKR Kapar MP S Manikavasagam told Malaysiakini that the doctor had briefed the family, their lawyer N Surendran and the parliamentarians present for more than 30 minutes regarding his findings.

However, the findings cannot be revealed pending investigations into the matter.

Manikavasagam said besides himself, DAP Puchong MP Gobind Singh Deo and DAP Teluk Intan MP M Manogaran were present at the medical centre.

"All we want is for the policemen involved to be charged for what happened," he said, adding that the pathologist also took several tissue samples from the corpse.

Report out next month

Meanwhile, Surendran also declined to comment when asked if the post-mortem findings supported the family's claim of foul play.

He said a full report on the post-mortem could be completed by early next month.

The remains of the 22-year-old youth, who died in police custody last Tuesday after being detained on Jan 15 in connection with several luxury car theft cases, is expected to be buried on Wednesday.

The family wanted a second post-mortem after being dissatisfied with the first procedure carried out at the Serdang Hospital which concluded that Kugan died of liquid in his lungs.

However, a video of the remains taken at the Serdang Hospital mortuary revealed severe bruises on the body, leading many quarters to accuse the police of foul play.

Following a massive public outcry, attorney-general Abdul Gani Patail reclassified the case as murder and investigations are underway.

Eleven constables and lance corporals from the Subang Taipan police station, where Kugan had collapsed and died, have since been removed and put on desk duty pending investigations.

Yesterday, DAP chairperson Karpal Singh urged the authorities to charge the doctor who conducted the first post-mortem for issuing a false report.

JOHOR BARU: Two deputy ministers are likely to face action if they are found to have broken the law in the incident where a crowd entered the mortuary of Serdang Hospital in Selangor on Tuesday, said Home Minister Datuk Seri Syed Hamid Albar.
Datuk K. Devamany and Senator T. Murugiah, both deputy ministers in the Prime Minister’s Department, were present at the mortuary when the crowd entered the premises to examine the body of suspected car thief A. Kugan who had died while in police custody.

“No minister or member of the administration is above the law and if you have committed an offence then you have to face the consequences,” Syed Hamid told reporters before attending a public forum on the Internal Security Act (ISA) here Saturday night.

He also said that the 11 policemen being investigated for allegedly causing hurt to Kugan would not be spared action if they were found to have abused their powers.
Kugan, 22, who was detained on Jan 15 at the Taipan police station in Subang Jaya on suspicion of being involved in the theft of luxury cars in Sungai Chua, Kajang, died while being questioned on Tuesday.

Selangor police chief Datuk Khalid Abu Bakar had said a postmortem found that Kugan had died due to fluid in his lungs but Kugan’s family sought a second postmortem.
Attorney-General Tan Sri Abdul Gani Patail said later that Kugan’s death had been classified as murder.

On the forum, organised by a non-governmental organisation called The Patriot in collaboration with the Home Ministry, Syed Hamid said the ministry was ready to hold similar forums throughout the country to enhance the public’s understanding of the ISA. -- Bernama

PETALING JAYA: Three Barisan Na­­sional component parties have called for more in-depth investigations into the death of detainee A. Kugan (pic) while under police custody, and pressed for swift action for greater transparency and accountability on the part of the Govern­ment.

The MCA wants an independent autopsy to be carried out to determine Kugan’s cause of death while the MIC wants an independent committee to investigate the death.

Gerakan meanwhile called on the Government to review the interrogation procedures of enforcement agencies.

MCA central committee member Wong Nai Chee, lauding Attorney-General Tan Sri Abdul Ghani Patail’s decision to classify Kugan’s death as murder, urged police to conduct a thorough investigation.
“The MCA is aghast over the extent of the injuries on the body of Kugan, who collapsed and died while in police custody.
“We call upon Home Minister Datuk Seri Syed Hamid Albar and the Inspector-General of Police to carry out a thorough probe into the detainee’s death,” he said in a statement yesterday.

Kugan died in the Taipan police station in USJ, Subang Jaya, after being arrested on Wednesday for suspicion of being involved in a car theft syndicate.
Wong, who is also the party’s Legal Affairs and Parliamentary Legislation Research Bureau head, added that “if it is found that negligence or assault on the part of the authorities led to the Kugan’s death, immediate and appropriate action must be taken against the culprits.”

MIC deputy president Datuk G. Palanivel, who called for an independent committee of eminent persons to investigate the death, said transparent action by the Govern­ment would bring back public confidence in the police.
“The committee should be em­­powered to look into lockup procedures and closed-circuit camera recordings,” he said.

In calling for a review of interrogation procedures, Gerakan deputy president Datuk Chang Ko Youn said this was to ensure that the use of excessive force was not allowed or condoned.
Death and injury while under police detention were issues that must be tackled by the Government immediately, he said in a statement.

PETALING JAYA: The University Malaya Medical Centre began the second post-mortem on A. Kugan at noon Sunday, a procedure which may take up to 11 hours.
Earlier, N. Surendran, the lawyer representing the family of the suspected car thief who died in police custody, said the police had no objections to a second post-mortem if the hospital agreed to do it.
“We are very hopeful that the second post-mortem will shed some light into Kugan’s death,” said Surendran.

Kugan, 22, who had been remanded for two weeks in connection with investigations into several luxury car theft cases, collapsed and died at the Taipan police station in USJ, Subang Jaya, on Tuesday.

The first post-mortem was conducted at Serdang Hospital at 8am on Wednesday. It found that Kugan had died due to fluid in his lungs, but no explanation was given for what caused this.

Unhappy with the results, Kugan’s family sent his remains to the UMMC as they wanted an independent pathologist to carry out a second post-mortem.

PETALING JAYA: The University Malaya Medical Centre began the second post-mortem on A. Kugan at noon Sunday, a procedure which may take up to 11 hours.
Earlier, N. Surendran, the lawyer representing the family of the suspected car thief who died in police custody, said the police had no objections to a second post-mortem if the hospital agreed to do it.
“We are very hopeful that the second post-mortem will shed some light into Kugan’s death,” said Surendran.

Kugan, 22, who had been remanded for two weeks in connection with investigations into several luxury car theft cases, collapsed and died at the Taipan police station in USJ, Subang Jaya, on Tuesday.

The first post-mortem was conducted at Serdang Hospital at 8am on Wednesday. It found that Kugan had died due to fluid in his lungs, but no explanation was given for what caused this.

Unhappy with the results, Kugan’s family sent his remains to the UMMC as they wanted an independent pathologist to carry out a second post-mortem.

PETALING JAYA: The University Malaya Medical Centre began the second post-mortem on A. Kugan at noon Sunday, a procedure which may take up to 11 hours.
Earlier, N. Surendran, the lawyer representing the family of the suspected car thief who died in police custody, said the police had no objections to a second post-mortem if the hospital agreed to do it.
“We are very hopeful that the second post-mortem will shed some light into Kugan’s death,” said Surendran.

Kugan, 22, who had been remanded for two weeks in connection with investigations into several luxury car theft cases, collapsed and died at the Taipan police station in USJ, Subang Jaya, on Tuesday.

The first post-mortem was conducted at Serdang Hospital at 8am on Wednesday. It found that Kugan had died due to fluid in his lungs, but no explanation was given for what caused this.

Unhappy with the results, Kugan’s family sent his remains to the UMMC as they wanted an independent pathologist to carry out a second post-mortem.

The outlawed Hindu Rights Action Force (Hindraf) is accusing the police and the Attorney-General of deliberately delaying investigations into the alleged murder of A Kugan, who died while in police custody.
MCPX
"Why do the police and A-G's office need three days before even classifying (the case) as murder or arresting the policemen responsible?

"Why were those who committed this heinous act still arrested until today?" asked Hindraf chairperson-in-exile P Waytha Moorthy, who was formerly a practicing lawyer in Seremban.

Waytha Moorthy also claimed that the police and the AG's office had attempted to play down the issue due to public outcry.

"Hindraf questions the integrity, accountability and transparency of the police force and the AG's office in issuing statements just to create an atmosphere to subdue public outcry," he said.

Selangor police chief Khalid Abu Bakar caused a stir when he claimed that Kugan, 22, died due to 'fluids in the lungs' and claimed that there were no foul play.

He courted more controversy yesterday when he urged the family to seek a court order for a second post-mortem to be performed.

Under normal circumstances, police permission would suffice for a second post-mortem. Now, Kugan's family will have to wait until Wednesday to obtain a court order, further delaying burial procedures.

Probe doctor too

Meanwhile, DAP chairperson Karpal Singh has urged the authorities to charge the doctor who conducted the first post-mortem on Kugan for issuing a false report.

Karpal, a prominent lawyer, said that the doctor could be charged under Section 197 for knowingly issuing a false post-mortem report claiming that the cause of death was due to 'fluids in the lungs'.

"Had it not been for the family and friends entering the Serdang Hospital mortuary and taking pictures, the bruise on Kugan's body would not have come to light.

"The bruises on Kugan's body must have been there when the initial post-mortem was carried out. How is it that the post-mortem report indicated that Kugan died of pulmonary ederma of fluid accumulation on the lungs?

"This amounts to a cover-up," said the Bukit Gelugor MP in a statement.

MCA central committee member Wong Nai Chee, in a statement, welcomed the announcement that the authorities have classified Kugan's death as murder.

Wong, a practicing lawyer, said that Kugan's death also supports the formation of the much delayed Independent Police Complaints and Misconduct Commission (IPCMC).

"In view of public disappointment on the police's handling of this issue, it is only relevant that the IPCMC be immediately established to prevent power abuses, instill accountability and to create a police force that is respected," he said.

The government should set up an independent committee of eminent persons to investigate the death of police detainee Kugan Ananthan, said MIC deputy president G Palanivel today.


He called for swift action to be taken on this matter because such a move would create greater transparency and accountability on the part of the government.

A move to be transparent, he said, would build back the essential confidence that the public need towards our police and their service to the country.

"The committee should be empowered to look into the entire gambit of lockup procedures and also at the close-circuit camera recordings available at lockups," he added.

Palanivel said such an investigation would help reveal what is happening or should not happen in police lockups.

The MIC leader added that as it is now, the public have little knowledge of police lockup procedures and methods of investigation.

Create public awareness

He said an independent probe, apart from much wanted transparency, would also help create public awareness on the rights of arrested or detained people.

Palanivel also lauded the move by the police and the authorities on acting quickly on the matter.

He also agreed with Bar Council chairperson Ambiga Sreenivasan that the move should not be focussed on those who demonstrated their anguish at the mortuary.

Kugan, 22, was arrested on Jan 15 in connection with several luxury car theft cases. He died on Tuesday at the Taipan police station in Subang Jaya.

Initially, the police claimed that the post-mortem report concluded that he had died due to 'liquid in the lungs'.

Following a massive public outcry, Attorney-General Abdul Gani Patail classified the case as murder.

For six days following A Kugan's disappearance on Jan 14, his family members had sleepless nights searching for him but it was all in vain.

MCPXOn Jan 20, their worst fears were realised when a patrol car pulled up in front of a relative's home in Puchong, to inform them that Kugan had died under police custody.

"Why? Why couldn't they just call us when he was arrested? But when he died, they seemed to know how to find our house," said Kugan's father G Sandaran when met at his relative's home in Puchong today.

Kugan is the latest victim of death while in police custody, allegedly due to assault. The police had claimed that Kugan was a suspected car thief and there was no foul play involved in his death.

Relatives told Malaysiakini that they last saw Kugan on Jan 14 at about 7pm and never heard from him again.

His aunt, S Renuga, 31, recalled on that evening she received an anonymous phone call informing her that Kugan had been arrested but details were sketchy.

"I could not sleep that night. We searched from one police station to another looking for him but everywhere we went, they said he was not there," she said.

The following morning, Renuga got even more anxious when two plainclothes policemen came to her home at 6am looking for Kugan.

"They said they were from D9 (serious crimes unit). They were very fierce and they wanted to know who Kugan's friends were," she said, adding that she had no knowledge of the deceased's friends.

No criminal record

Renuga is close to Kugan because the latter frequently visited her husband who was his business partner. Kugan used to help his uncle tows cars for an insurance company.

With two jobs to manage, Renuga and Sandaran are both convinced that Kugan had no time for criminal activities, as alleged by the police, especially since the deceased never had a criminal record.

"Every sen he earned was legitimate. He has been learning how to fix cars since his secondary school days. His hobby was modifying cars, not stealing them," said Sandaran.

"But now, the first time he was arrested, he was killed," Renuga was quick to add.

Sandaran said he was extremely suspicious because of the numerous injuries found on Kugan's body and the statements made by Selangor police chief Khalid Abu Bakar.

Kugan's family has ruled out death due to illnesses because he never had any medical conditions.

Sandaran vowed to pursue the matter until those responsible for his son's death are brought to justice, though his immediate concern was to see that a second post-mortem is conducted and burial rites are performed quickly.

"I hope this never happens to another Malaysian, especially an Indian. The Indians are the largest number of people who die at the hands of the police," he said.

Sandaran also denied police and media accusations that a 'mob' had barged into the Serdang hospital mortuary on Jan 20 to claim Kugan's body.

"They (hospital attendants) opened the door for us. The door can only be opened from the inside," he said.

Khalid had earlier claimed that Kugan died from having 'fluid in his lungs' and that his family had barged into the hospital mortuary.

Attorney-General Abdul Gani Patail today classified the death of 22-year-old police detainee Kugan Ananthan as murder.

MCPXIt is learnt that investigations are underway.

Earlier, Inspector-General of Police Musa Hassan said that a full investigation will be carried out into Kugan's death.

According to him, a thorough probe will be undertaken although the post-mortem report found that Kugan had died due to fluid in his lungs.

"We will not cover up anything," he told reporters in Kuching.

Kugan was arrested on Jan 15 in connection with several car theft cases. He died on Tuesday at the Taipan police station in Subang Jaya.


His death resulted in a massive public outcry, with various quarters accusing the police of foul play.

Yesterday, the family postponed the burial of the body in order for a second post-mortem to be carried out. Kugan's remains are currently at the University Malaya Medical Centre.

It is learnt that the police have refused permission for a second post-mortem.

'Sack Selangor police chief'

The family's lawyer Gobind Singh told Malaysiakini that he will be seeking a court order on Wednesday to compel the authorities to conduct a post-mortem.

"We are in a strange situation where the police says the family has the right to a second post-mortem yet insists that we must obtain a court order.

"The police should immediately grant the family permission to conduct a second post-mortem in order to expedite burial rites," he said.

The family also submitted a memorandum to the IGP at the federal police headquarters in Bukit Aman this afternoon, urging for action to be taken against the "police personnel responsible" for Kugan's death.

The memorandum also called for Selangor police chief Khalid Abu Bakar's dismissal for allegedly trying to "deceive the public."

Following this, three Pakatan Rakyat MPs and a MIC Youth representative held a short meeting with Federal CID assistant director SAC II Mohd Rodwan Yusof.

According to Gobind, Mohd Rodwan promised the delegation that the police will decide in 24 hours on whether to allow the second post-mortem.

Mass protest threat

Meanwhile, Kapar MP S Manikavasagam warned that should the police not respond within 24 hours, he will organise a mass demonstration to protest against the police.

"If they do not respond, we will mobilise people on the scale of the Nov 24 (Hindraf) rally next week. We are ready. We have people all over the country," he said.

MIC Youth secretary G Shivarraaj told reporters that the youth movement will work together with other groups to pursue this matter.

Earlier, some 50 people held a short protest near the entrance of the federal police headquarters.They chanted, 'We will fight till the end' and 'Polis Pembunuh' (police are killers).

The police are also investigating a report filed by hospital authorities against the family for barging into the Serdang Hospital morgue Tuesday night to see Kugan's body.

Responding to this, Musa said Kugan's family should not have gone into the mortuary to view the body as it could be considered tampering with evidence.

"This should not have happened and we will also investigate it as a report has been lodged," he said.

The police said yesterday they will take statements from two deputy ministers who were present when the crowd barged into the mortuary. [See photos, right, and video below]

'Cops could be charged next week'

Meanwhile, Deputy Minister in the Prime Minister's Department T Murugiah also confirmed that the case has been classified as murder and said that those involved could be charged as early as next week.

He said Abdul Gani had informed him about the decision this morning and asked him to convey it to the family.

"Abdul Gani has instructed the police to conduct a thorough probe and if the investigations proceed smoothly, there is a big possibility that those involved could be charged in court next week," he was quoted as saying by Bernama.

Murugiah also appealed to Kuhan's family to extend their full cooperation.

"We have to work together in this

Attorney-General Abdul Gani Patail has classified the case involving A Kugan, the 22-year-old detainee who died in police custody on Tuesday, as murder. It is learnt that investigations are underway on the matter.

Earlier today Inspector General of Police Musa Hassan said that a full investigation will be carried out into Kugan's death.

He said that a thorough probe would be undertaken although the post-mortem report found that Kugan had died due to fluid in his lungs.

"We will not cover up anything," he told reporters in Kuching.

Kugan was arrested on Jan 15 in Kajang in connection with several car theft cases. Five days later he died at the Taipan while being questioned.

His death resulted in a vocal public outcry which resulted in his burial being deferred by his family so that a second post-mortem could be done.

His family is presently lying at the University Malaya Medical Centre.

It is learnt that the police has refused permission for the family for a second post-mortem.

The family's lawyer Gobind Singh told Malaysiakini that he would seeking a court order in Wednesday to compel the authorities to conduct a post-mortem.

The family has also submitted a memorandum to the IGP at federal police headquarters in Bukit Aman today, urging for action to be taken against the police personnel responsible for Kugan's death.

At the same time, a separate police report has been lodged against the family members for barging into the Serdang Hospital morgue on Tuesday night to see Kugan's body.

Responding to this, Musa said that Kugan's family members should not have gone into the mortuary to view the body as it could be considered tampering with evidence.

"This should not have happened and we will also investigate it as a report has been lodged," he said.

The police said yesterday they would take statements from two deputy ministers who were present when the crowd barged into the mortuary.

The decision by Penang PKR to drop the representative from Penang Malay Chamber of Commerce as a local municipal councillor for next term was based on appraisal carried out by the party, and not due to political differences.



Penang PKR chief Zahrain Mohd Hashim said the party had requested the Pakatan Rakyat state government to drop the chamber’s representative Rizal Faris Mohideen as a councillor on Penang island due to his poor performance, not his political background.

"It was not a political decision as alleged by certain quarters. Our decision was based on our report card on the performance of all councillors.

"We learnt that the chamber’s representative had performed poorly," Zahrain (right), the Bayan Baru parliamentarian, told newsmen at his service centre in Penang today.

He cited Rizal’s frequent absenteeism from meetings and non-participation in policy decision-making process of the council as the main reasons.

"Our findings were from feedbacks from Pakatan councillors in MPPP and the public.

"If the chamber claimed PKR was wrong in its assessment, then it meant the grassroots had provided us the wrong information," he said, insisting that the party had taken a wise and rational stand to drop Rizal.

There are seven NGO appointees as councillors - four on the island and three on the mainland, apart from current political appointees - 21 in MPPP and 22 in MPSP.

Early this month, the state Pakatan leadership decided to drop certain NGO-based councillors due to poor performance to make way for others.

Be more welfare-orientated

It is reliably learnt that the chamber’s leadership had coerced an affiliate, the nearly 400-strong Penang Pasar Malam Malay Traders Association president Yusoff Mohd to issue a press statement on Jan 6 to refute Zahrain's allegation of poor performance by Rizal..

Three days later, Yusoff resigned from his position due to chamber’s pressure.

Revealing this, Yusoff said he did not want to issue the statement as he felt that the association should not be dragged into the chamber’s political game.

Zahrain said he was saddened by the chamber’s attitude, but reiterated his party stance to have Rizal dropped.

Rizal could not be reached for comments today.

Meanwhile, Zahrain called on MPPP and MPSP to be more flexible and lenient in taking action on illegal roadside traders, fast mushrooming in the urbanised island state due to the current economic downturn.

"The global recession has forced many to look for a second income, mainly hawking. The councils should be more welfare-orientated and pro-active in resolving this illegal hawking problem amicably rather than being rigid in the application of the laws" he said.

PKR wants the councils to organise and legalise these mushrooming unlicenced traders to enable them to earn a decent income.

In a startling development, Penang Deputy Chief Minister (I) Mohd Fairus Khairuddin has been dropped as the state PKR deputy chairperson following a reshuffle last night.

MCPXThe decision by the party's state liaison committee has added fuel to the already raging speculation that the 32-year-old politician could be on his way out.

Also dropped was another deputy chairperson, Bukit Tambun state assemblyperson Law Choo Kiang.

Mohd Fairus has been replaced by Dr Mansor Othman while Law's position fell to Machang Bubuk state assemblyperson Tan Hock Leong.

However, the deputy chief minister remains as an ordinary state PKR liaison committee member.

Meanwhile, Zahrain Mohamed Hashim and S Raveentharan retained their positions as PKR state chief and deputy chairperson respectively.

As for the state PKR Youth chief post, it was filled by Balik Pulau MP Mohd Yusmadi Mohd Yusoff.

In an earlier reshuffle after the Permatang Pauh by-election on Aug 26 last year, another state executive councillor Abdul Malik Kassim was dropped as the state liaison committee secretary.

He was replaced by PKR's state election director Mustafa Kamal Mohd Yusoff.

Performance being monitored


State chief Zahrain was reported in Bernama as saying that Mohammad Fairus, Law and Abdul Malik were dropped to enable them to concentrate on their duties in the state administration.

He also added that a special committee headed by Mansor had been set up to monitor the performance of PKR executive councillors, assembly members, members of parliament and council members.

"Those who perform badly will be dropped from the line-up in the coming term," he said.

He also stressed that the move to drop the three had nothing to do with performance but rather, to enable them to concentrate on the state administration.

Talking to Malaysiakini later, Zahrain said the reshuffle was part of the party strategy to strengthen its operations and separate the state PKR leadership from the Pakatan Rakyat state government.

"We just reshuffled to separate party leadership from that of the state government.

"By separating the powers, the state leadership can fully concentrate on party matters while the government leaders can focus solely on state administrative matters.

"This will enhance our state party operations and improve performance of our government leaders," he said.

Asking for a bigger role

Zahrain was also reported by Bernama as saying that PKR should be given bigger roles in the state administration and agencies.

He called on the state government to increase PKR representations in statutory bodies and in government-owned as well as government-linked companies.

He expressed dissatisfaction over several of the state government's decisions which, he said, were made without consulting the party.

As an example he cited the appointment of former Gerakan leader Lee Kah Choon as investPenang executive chairperson.

He however said that relations with DAP and Chief Minister Lim Guan Eng remained good.

"We enjoy excellent relations but as a party, we do need to state our requests. This is normal," he said.

The police will record the statements of two deputy ministers over Tuesday night's incident where some 50 people barged into the Serdang Hospital mortuary where the body of 22-year-old Kugan Ananthan who died in police custody was being kept.

It was reported that Deputy Ministers in the Prime Minister's Department T Murugiah and SK Devamany were present at the morgue.

When contacted, Murugiah (photo) said that Kugan's family members had already entered the morgue by the time he arrived there.

"I got a call from the victim's family member at nearly 11pm and I rushed to the hospital... by the time I got there the family members had already rushed into the morgue," he said.

"The reason I went there was to calm the situation as some of them were frantic after looking at the injuries on his (Kugan) body."

Murugiah added that he also felt intimidated when members of the victim's family began shouting at him, blaming the government as well the police force for Kugan's death.

He said that he went to the hospital in his capacity as the chief of Public Complaints Bureau after receiving the call that night.

"I even called the Inspector General of Police (IGP) Musa Hassan and he promised that he would investigate the matter and assist the family," Murugiah said.

He also said that he was ready to cooperate with the police on their investigation.


Devamany: I'll cooperate too

Devamany also said that he went to the morgue to "help the situation" after receiving calls from MIC Youth leaders.

"I went there to see how I can help the situation... these are poor people and they are not empowered enough to tackle this by themselves," he told Malaysiakini.

Devamany (left) said although the family members were distraught yet they listened patiently to explanation from the hospital's director on the post-mortem.

"The director assured that they would act fairly and would present the facts accurately," said Devamany, who is currently in his constituency Cameron Highlands to deal with a landslide problem in a Hindu cemetery there.

Asked on the police probe on him for allegedly barging into the morgue, the MIC treasurer said that he was willing to cooperate with the police "as long as justice is served".

Selangor police chief Khalid Abu Bakar was reported today as saying that the post-mortem results showed that Kugan died because of 'liquid in his lungs'.

The youth collapsed and died at the Taipan police station in USJ, Subang Jaya on Tuesday. He was arrested on Jan 15 in connection with several car theft cases. He was cremated today.

Get independent medical report

Meanwhile, MIC Youth advisor S Vell Paari said the movement will do its utmost to help Kugan's family.

He has informed Youth chief T Mohan to seek a second medical opinion on the cause of death.

"We should not just rely on the hospital post-mortem," he told Malaysiakini.

Vell Paari said the second independent medical report would help indentify the true cause of Kugan's death.

"We talk and fight for the Palestine and Sri Lankan causes but similar atrocities are committed right under our noses. This has to stop and the cowards who caused the death of Kugan must be charged with murder," he said.

Vell Paari also said that the party's youth wing will work to set up a committee to monitor the welfare of all Indians under police custody.

"This will also avoid this sort of abuse and murder in the future," he added.


The disturbing statistics and link

In a related matter, DAP's Klang member of parliament Charles Santiago lambasted the Selangor police chief for trying to protect his officers and claiming that Kugan had died of breathing difficulties.

"I watched the video recording of Kugan taken at the mortuary. The footage revealed severe marks on his body, deep cuts on his wrists and bruises on his legs. Blood was oozing from his nose," he said in a statement.

"Kugan was held under a two-week remand to facilitate police investigations linking him to several car theft cases. The job of the police is clearly to find enough evidence to charge him in court. It was not to beat him to death," he added.

Santiago said this was not the first case of incidents of police detainees being abused or of custodial deaths.

He added that statistics revealed in Parliament last year showed that there were a total 1,535 custodial deaths in the country between 2003 and 2007.

"However, the lack of action by the government to punish errant police officers only goes to show the disturbingly close link between the government and the force," he said.

The MP said the "audacity and blatant disregard for the law displayed by the police force" has to stop.

He stressed that a through probe must be done on the Kugan incident and serious action must be taken against the police officers involved.

"Prime Minister Abdullah Ahmad Badawi must also issue a serious warning to the police force to stop abusing its powers to prevent custodial deaths in the future," Santiago said.

Nalla: What caused the scars?

The same matter was also raised by Malaysian Indian United Party president KS Nallakaruppan, who said that the police must come clean on the matter.

"This is the second incident in a short period of time. First we had the case of car park attendant B Prabakar and now this," he told Malaysiakini.

The Prabakar-case involved police personnel allegedly abusing and pouring hot water on the man while being questioned in police custody. He was picked up to assist in the investigation into a robbery.

Subsequently seven police personnel were charged with voluntarily causing hurt to Prabakar and 18-year-old C Solomon Raj to make them confess to a criminal intimidation case.

Nallakaruppan said that the police must similarly show accountability and transparency in the Kugan matter and bring the wrongdoers to justice.

"The police must reveal on how Kugan had so many scars on his body. Why were there deep cuts in his wrists?

"And they must also explain on how the interrogation was done on him and by whom it was done," he said.

The distraughted family of a 22-year-old man who died in police custody yesterday lodged a police report this evening allegeding foul play.

Kugan Ananthan, who was detained in connection with several car theft cases, died at the Taipan police station in USJ yesterday morning.

His family today accused the police of killing Kugan while in custody and lodged a report at the Subang Jaya district police headquarters in Seri Kembangan.

The youth was detained by the police on Jan 15 in Kajang for questioning regarding several car theft incidences in the Subang Jaya district.

Kugan was subsequently held at the Puchong police station under a two-week remand to facilitate investigations.

Selangor police chief Khalid Abu Bakar was reported as saying yesterday that Kugan had died of breathing difficulties.

Photographs and video footages of Kugan taken yesterday at the mortuary however revealed severe marks on his body. There were also deep cuts in his wrists and blood was oozing from his nose and mouth.

MIC Youth members show support

Four family members of Kugan filed the police report today and they were joined by lawyers, human rights activists and several politicians from both Barisan Nasional and Pakatan Rakyat.

Among them were PKR's Kapar MP S Manikavasagam, DAP's Puchong MP Gobind Singh and Teluk Intan's DAP MP M Manoharan.

Also present was a group of MIC Youth members led by its head T Mohan. Hindraf representative, led by S Jayathas, were also there.

Some 80 people had also gathered at the police station to show their anger over Kugan's death.

They held up banners with pictures of the deceased, showing the injuries he sustained while in police custody.

Some of the banners read: "Police are licensed killers", "Police are killing Indians" and "Police are thirsty for Indian blood" in both Malay and English. They also briefly chanted slogans demanding a probe into Kugan's death.

Heavy police presence

Talking to reporters later, Kugan's family members said that the deceased did not suffer from asthma and could not have died from breathing difficulties as claimed by the police.

Manikavasagam and Gobind added that the police were attempting to cover up the death and that there should be a full and open investigation by the Home Ministry, which oversees the police department.

Manikavasagam also said that he would organise rallies to protest against the police.

The crowd then dispersed peacefully after gathering for about 30 minutes.

There was a heavy police presence outside of the station while the police report was being lodged.

Eight Federal Reserve Unit (FRU) vehicles were parked within sight of the police station.

Yesterday Khalid told reporters that Kugan had asked for a glass of water during interrogation and upon drinking the water, he collapsed and lost consciousness.

"A doctor from a clinic nearby who was summoned to examine the man, and later confirmed that he had died," he had said.

The state police chief also said that a thorough probe would be conducted on the matter and asked people not to speculate on the cause of death.

Will the Tamil primary school of Ladang Vallambrosa in Kapar get a makeover from its dilapidated state soon?


MCPX
This was the question on the minds of concerned parents and teachers of the school after the visit by MIC president S Samy Vellu this morning.

Samy Vellu promised the school’s authorities that he will meet with Deputy Prime Minister Najib Abdul Razak to fulfill the school’s needs.

In a meeting with the Parents Teachers Association (PTA) members, Samy Vellu said he would apply for the construction of 10 classrooms to help ease the overcrowded situation.

Currently, the school only has 17 classrooms to cater for 572 students.

Due to the shortage of classrooms, a Year One class of about 30 students now use benches and tables in the school’s canteen as a classroom and two chairs to prop up the white board.

Malaysiakini has come to learn that some of the classrooms now used tables and chairs rented out by a tent supplier for RM300 per month.

“We had earlier requested for an additional three-storey building from the Public Works Department (JKR),” said PTA chairperson S Selvam.

Not even a proper library

“However, Samy Vellu said that it would be difficult to get funds for a whole building. Instead, he suggested that we apply for 10 classrooms first,” said Selvam.

According to Selvam, the MIC bigwig had promised to discuss the matter with the government, but could not affirm a deadline as to when he would come through with the school’s needs.

Classrooms aside, the school also lacks basic learning facilities such as an equipped and hazard-free science laboratory, sports equipment, and even a proper library.

“The science lab does not have a sink...what are students going to do if they accidentally spill the chemicals on themselves? Where are they going to wash off the chemicals?” asked V Nedumaran, a former pupil of the school.

“Plus, this school does not even have a single fire extinguisher,” he exclaimed.

The school, which was once located at the former Vallambrosa Estate, was relocated eight years ago to near the township of Taman Sungai Kapar Indah.

“When it was first moved, there were only 130 children. Therefore, the school only needed a single-storey structure...but now the number of students has expanded to more than 500,” said Selvam.

Selvam also raised concerns on the cleanliness of the school’s environment.

Lack of government funding

“The drains are clogged, because there is no one to clean it. What if mosquitoes start breeding, won’t the children be affected? ”

On Mar 6 last year, a promise was made to the school by JKR to provide a sum of RM1.8 million for the construction of a four-storey building.

The government, however, reversed the decision and instead, offered RM100,000 for repair and upgrading work.

According to a letter sent by JKR corporate communications department’s assistant director Ramli Ishak to the school, the allocation for the four-storey building was denied because of the lack of government funding.

In the letter, 22 school projects in Selangor were allocated RM2 million and 12 schools were identified for refurbishment.

Therefore, the JKR committee had decided to downsize the project to only maintenance and upgrading work.

“As of now, the repair and upgrading is moving smoothly and almost 80 percent completed,” stated Ramli.

Kapar parliamentarian S Manikavasagam told Malaysiakini that the RM1.8 million allocation was made before the general election.

Nevertheless, the repair work would not have cost more than RM30,000 as only classroom doors, damaged roofs, and toilet bowls were replaced, said Manikavasagam.

KUALA LUMPUR: There was drama at the Sessions Court yesterday when an elderly woman refused to post bail for her daughter and the daughter's boyfriend charged with abusing the daughter's 4-year-old son.

"I don't want to bail them out. I've seen them abusing the boy.

"Why did the man kill my grandson?" N. Saroja said in anger when asked by judge Zainal Abidin Kamarudin whether she wanted to bail out her daughter.

Before proceedings started, Saroja was seen crying when she told the two policemen in the court that she did not want to see her daughter at the court lock-up.

R. Chittra Devi, 30, and R. Vigneswaran, 27, both unemployed, were jointly charged with abusing N. Iswaran by causing him physical injuries in Chittra's house at E-32, Level 1, Taman Kok Doh, Segambut, between November last year and Jan 7.

They pleaded not guilty.

When Zainal Abidin asked where the child was, deputy public prosecutor Lee Keng Fatt said Iswaran had died.

Lee also told the court that Chittra was a divorcee and that Vigneswaran was her boyfriend.

Iswaran was Chittra's son from her first marriage.

Lee proposed bail at RM10,000 each in one surety.

When the judge asked Vigneswaran who would stand surety for him, he said none of his family members were in court as they were not informed he would be charged yesterday.

However, investigating officer Assistant Superintendent Mohd Idris Omar told the court that Vigneswaran's wife had been informed.

"Vigneswaran is married with three children.

"When he was arrested at his home, his wife was there," Idris said.

Zainal Abidin fixed Feb 27 for mention.

When the court adjourned, Saroja went to see both the accused at the lock-up, where she yelled at Vigneswaran: "You're a dog! You're a dog!"

Iswaran was rushed to Selayang Hospital by neighbours early on Jan 7.

However, he was pronounced dead 20 minutes later of multiple injuries.

Source : www.mpkapar.com

Study the pictures carefully and decided whether Kugan was death due to Asthma as claimed by Selangor Police Chief or it’s MURDER by POLICE.









Source MPKapar.com

A 23-year-old youth detained in connection with several car theft cases died this morning at the Taipan police station in USJ.

Sources identified the deceased as Kugan Ananthan from Puchong.

The youth was detained on Jan 15 in Kajang in relation to several car theft cases in the Subang Jaya district.

Kugan was being held at the Puchong police station under a two-week remand to facilitate investigations.

It is learnt that the suspect, who is said to be suffering from asthma, was taken to the Taipan police station this morning for questioning in relation to a car theft case there.

Asked for water

According to sources, Kugan had requested for water and upon drinking, he had vomited and collapsed at about 11am.

Following this, a doctor from a nearby clinic was brought to the police station and he confirmed that the suspect had died.

The body was later sent to the Serdang Hospital for post-mortem.

It is believed that the police are awaiting the post-mortem report to determine if any foul play was involved in the case.


Selangor police chief Khalid Abu Bakar confirmed the death to Bernama.

"During interrogation, the man asked for a glass of water and upon drinking the water, he collapsed and lost consciousness. A doctor from a clinic nearby who was summoned to examine the man later confirmed that he had died," he said.

Body taken to Serdang Hospital

He also said that the deceased was detained on suspicion of being involved in robbing and stealing luxury cars such as the Toyota Camry and Honda Accord in Sungai Chua, Kajang.

Khalid said that a thorough probe would be done on the matter and asked people not to speculate on the cause of death.

"We don't want any party to speculate as cases of custodial deaths were a sensitive issue. The man had also given his cooperation throughout the interrogation.

"No matter what the case may be, I give my assurance that a thorough investigation will be carried out and we are waiting for the outcome of the post-mortem," he said.

It was first revealed that the suspect's body has been sent to University of Malaya Medical Centre (UMMC) for a post-mortem.

Hearing this, several politicians and civil activists had started gathering by 9pm at UMMC, only to be re-directed to the Serdang Hospital.

"We are told that the body has been taken to the Serdang Hospital," a MIC Youth leader to Malaysiakini.

This was later confirmed by S Jayathas from Hindraf, who also went to Serdang with Kapar MP S Manikavasagam.

The Hindu Rights Action Force (Hindraf) has sought the help of US president-elect Barack Obama to close the Kamunting detention camp in Taiping, Perak.
MCPX
Four Hindraf members made the plea in a press statement issued today, saying that the movement welcomes Obama’s decision to close the camp for suspected militants in Guantanamo Bay.

The four held up a banner outside the US Embassy in Jalan Tun Razak, Kuala Lumpur, in a 15-minute demonstration this morning.

The assembled police force of about 100 personnel was surprised at the ‘small’ turnout. However, this was Hindraf’s bid to get around the restriction on gatherings of more than four people, which require a police permit.

In the statement signed by S Jayathas, Hindraf also congratulated Obama on his inauguration - scheduled for 1am tomorrow, Malaysian time.

Hindraf - banned by the government on Oct 15 last year - also said it counts on his support to help Indian Malaysians who “are being suppressed by the Umno-led government”.

R Shan, the movement’s representative in New York, is expected to hand over a petition to Obama in Washington today.

A similar petition will be submitted to Najib Abdul Razak when he becomes the prime minister of Malaysia in March.

Hindraf came to prominence in 2007, when it took up a variety of causes close to the Indian Malaysian community. This culminated in a massive street protest on Nov 25 that year.

Five of its leaders have since been detained in Kamunting for at least two years under the Internal Security Act, which Hindraf says should be abolished.

PAS Youth today called for the boycott of Barbadian singer Rihanna’s upcoming concert to protest the suffering of the Palestinian people. Rihanna’s concert is to be held on Feb 13, 2009.

Federal Territory PAS Youth chief, Kamaruzaman Mohamed, said that the concert “does not match with the local culture” and having Rihanna in Malaysia is a “disgrace to Asian culture”.

In a statement today, Kamaruzaman said that Israel’s ally, the United States, is funded by its public and this includes Rihanna who is currently living in California.

It can be considered as supporting Israel’s military offensive in the Gaza, he added.

“It doesn’t matter if Rihanna is involved in the issue, but to us (PAS), she is an agent of polluting young peoples’ minds around the world through her songs.”

Furthermore, he said that the campaign of boycotting US products including their artistes must go on.

PAS youth wing, according to Kamaruzaman, will hand in a protest letter to “ensure” the concert is banned.

Kamaruzaman reiterated that PAS youth wing will consistently protest against concerts that does not portray the positive Asian culture and which might create social problems in the country.

Last year, PAS had also attempted to ban Avril Lavigne’s concert as it was considered as “insult to Islam” because it was just a few days before the fasting month.

Singer Beyonce canceled her concert in Malaysia last year fearing protests, while Indonesian singer Inul Daratista’s performance was also called off because her onstage performance was “too erotic”.