LANDMARK CASE: IGP found liable for covering up Kugan's "murder", abuse of power

UPDATED VIDEO INSERTED The mother of Kugan Ananthan, a 22-year-old car theft suspect who was  brutally beaten to death by his police interrogators, has won a landmark case against the government, the Inspector General of Police Khalid Abu Bakar and two others.

In delivering his judgement, High Court judge VT Singham minced no words, lambasting the IGP and the government for failing to ensure Kugan's safety.

The judge also found Khalid and the late Subang Jaya police chief Zainal Rashid Abu Bakar guilty of trying to cover up the cause of Kugan's death while lauding N Surendran, a human rights lawyer who had fought for a second post-mortem to be carried out.

"The court has found all defendants liable as per our claim. The court found that Kugan died as a result of the assault and battery and detained inflicted while trying to extract a confession," Latheefa Koya, the lawyer for Kugan's family, told reporters outside the courtroom.

"It also found he was detained unlawfully. The first defendant and third defendant (Khalid and Zainal) are found liable for covering up the incident and also found liable for misfeasance in public office (abuse of power). As for the second defendant (V Navindran), the judge actually referred to all the police witnesses and he found them to be unreliable and their stories untenable and they could be liable."

Making the government pay 

The court also awarded damages amounting to RM801,000 to Kugan's mother. This includes RM192,000 for loss of dependency, RM9,709 for funeral expenses, RM50,000 for assault, battery and causing suffering, RM100,000 for false imprisonment, RM100,000 for malfeasance in public office, and RM300,000 in exemplary damages.

The family has not commented on the size of the damages but to observers, it may seem rather small considering that Kugan was only 22 and about to begin his life as a young and productive adult.

Even so, this is the first time the court has ordered such a compensation and this opens the door to future lawsuits against the police and the government. Monetary "compensation" may be only way to hammer through the message to an "uncaring government", pointed out an activist.

"It would come up to more than RM1 mil if we add in the interest. Of course, it will help the family but can it bring Kugan back?" S Jayathas, an Indian rights activist, told Malaysia Chronicle. He was among those who had rushed to the morgue on receiving news that Kugan had died in suspicious circumstances.

"At another level, it is Malaysian taxpayers who will ultimately bear this sum, so they must demand accountability from the government and the IGP. If the police and the government misbehaves, a life is lost and they get away scot-free. But the people end up having to pay for their crimes and sins. Is this right? Hopefully, now that the court has held the government and the IGP responsible and ordered them to pay compensation, they will be more response and ethical in their work."

Don't delay forming the IPCMC - judge

Kugan's mother, Indra Nallathamby, had in January last year filed a RM100 million civil suit against the government and police, claiming damages for the "brutal murder" of her son.

She named as 1st defendant Khalid, who was then the Selangor police chief and now the IGP; as 2nd defendant police officer Navindran Vivekanandan, who has been convicted of causing Kugan's death but is now out on bail pending an appeal; as 3rd defendant Zainal Rashid who has since passed away; as 4th defendant the Inspector General of Police; and as 5th defendant the government of Malaysia.

Justice Singham upheld her claims that Kugan had been wrongly imprisoned, and that the defendants had breached their duty of care to him.

“Police lock-ups and police stations must be a safe place for every human being and should not be converted into a crime scene,” he said.

The judge also advised the government not to further delay in establishing an Independent Police Complaints and Misconduct Commission as recommended by a Royal Commission of Inquiry in 2005, the Najib administration has refused to do so.

"The recommendation of the royal commission of inquiry must not be kept in cold storage and allowed to freeze. It must be activated as soon as possible in order to assure all concerned members of society, including family members of deceased persons, that an independent agency is looking into the matter without any influence from the local police officers," Singham said.

'Itu anak saya'

Kugan holds a special spot in the hearts of many Malaysians. He was an ordinary youth eking out a living in a car insurance firm. Hardly anyone knew of him but the manner in which he died, the bare-faced way in which the police had tried to hide the circumstances of his death as well as the way that Prime Minister Najib Razak's government had tried to shield the 12 police officers who interrogated him had touched a raw nerve. The perceived injustice sparked a torrent of public criticism and demand for his killers to brought to court.

Sad to say, Kugan is not the first and will not be the last Malaysian to die in police custody. But his was the case that finally pricked the people's conscience, rousing public fury at the misdeeds of the police. It is therefore fitting that his family wins the landmark case that may finally force the government to rein in the police and do something to stop murder in its lockups.

"We are happy that at least the court acknowledges there was injustice done to Kugan. But we are not happy because there are so many other cases like his. Why are the police doing these things," Kugan's aunty toldMalaysia Chronicle.

"Ya, itu anak saya (yes, that's my son)," a teary-eyed N Indra told Malaysia Chronicle, declining to say more.

Malaysia Chronicle