ARE YOU SURPRISED? Govt, Khalid to appeal against Kugan decision - Zahid

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

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

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

In a landmark ruling last week, Justice Singham said Khalid, then Selangor Police chief, was responsible for the death of Kugan while in custody four years ago.

Singham said Khalid was liable to malfeasance in the case and awarded  Kugan's mother, N. Indra, RM851,700 in assault and battery, false imprisonment, pain and suffering damages.

Kugan's family has filed a RM100 million claim against the police and the government, but specifically against Khalid, alleging that he tried to cover up the cause of death.

Indra also named interrogating officer, former constable V. Navindran, as a defendant, among others. The mother alleged that the defendants failed to ensure the safety, health and welfare of Kugan while he was in custody.

Kugan, then 22, was arrested in Puchong on Jan 14, 2009, and held overnight at the Puchong Jaya police lock-up before police obtained a remand order.

He was taken to the Taipan USJ, Subang Jaya police station two days later for questioning and was found dead four days after that.

Navindran was the only one held responsible for Kugan's death. He was found guilty of causing hurt and sentenced to three years' jail. He is appealing his conviction.

Singham said there were elements of a cover-up by Khalid during investigations. He pointed out that the case was classified as causing hurt and not murder, or culpable homicide, two offences which carry heavier sentences. - June 30, 2013.