Gov't files appeal against Kugan verdict

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

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

Deeming the appeal as “unnecessary” and “unjust”, Surendran, who is also Padang Serai MP, said the government’s move will only serve to cause suffering to the deceased’s mother Indra Nallathamby and the rest of the family.

“Home Minister Ahmad Zahid Hamidi has now ruthlessly carried out the threat he made on June 30, 2013 that he would appeal the Kugan decision.

“It is obvious that Zahid and the government are indifferent to the terrible suffering of Kugan's family and to the fate of countless Malaysians who are victims of torture and abuse in police custody,” he said in a statement today.

'Motives for appeal related to clamour for IPCMC'

Surendran claimed that the goverment’s insistence in appealing the civil case verdict, despite “clear evidence of torture and murder by police” indicates political motives.

“It is clear that the appeal has political motives and is related to the ongoing public clamour for the Independent Police Complaints and Misconduct Commission (IPCMC) to be set up.

“Justice (VT) Singham himself had urged the setting-up of the IPCMC in his landmark judgment,” the lawyer said, urging the government to accept responsibility over Kugan’s death and withdraw the appeal.

Indra (left), 43, had last year filed a RM100 million civil suit against the then-Selangor police chief Khalid Abu Bakar (now inspector-general of police), police officer Navindran Vivekanandan, the then-Subang Jaya police chief Zainal Rashid Abu Bakar (now deceased), as well as the then-IGP and the government over what she claimed was the "brutal murder" of her son.

In his landmark ruling on June 26, Singham upheld Indra's claims that Kugan had been wrongly imprisoned, and that the respondents had breached their duty of care.

The respondents were ordered to pay RM801,700 in damages to the family and another RM50,000 in costs.

The judge also backed the numerous urgings for the setting up of the IPCMC and implied that Khalid and the police were involved in an attempt to cover up the true cause of the suspected car thief’s death while under police custody.

A few days later, Zahid (right) told reporters the governmentwill appeal the ruling as “justice must be abided by not only by the accused but also for the accused”.