Cops were judge and jury in Kugan’s case

The Court of Appeal said the police force was "on trial" and to allow them to determine what ought to be done was simply asking the wrong-doers to do their own investigation.

PUTRAJAYA: The police took on the roles of judge and jury over a complaint lodged against their behaviour in the case of luxury car theft suspect A. Kugan, who died in police custody about five years ago.

The Court of Appeal in its 51-page of written judgment said this conduct missed the point completely and that was the police force at that point in time which was “on trial”.

“And, to allow the police to determine what ought to be done was simply asking the wrong-doers to do their own investigation and determine the appropriate action.

“Common sense militates against such a course of action,” said Justice David Wong Dak Wah, in the judgment today.

He said the panel was also rather perturbed by the admission of first defendant (Khalid Abu Bakar, former Selangor police chief and current inspector-general of police) that he had negotiated with the attorney-general that investigation was to be confined to an offence under Section 330 of the Penal Code.

The section deals with offences of voluntarily causing hurt to extort confession or to compel restoration of property.

Wong said this was an affront to the concept of fair play and transparency and the police had become judge and jury of a complaint made against their behaviour.

In a unanimous ruling, the panel headed by Justice Mohamad Ariff Md Yusof, which also comprised Justice Mah Weng Kwai, held that where there was custodial death, the family of the deceased was entitled to know the truth as to what had happened during the detention.

“That is their intrinsic right to know. This entitlement to know can be easily understood by just asking the simple question: What if it is your 22-year-old son who had died in custody?” asked Wong.

He stressed that custodial death could not and should not happen in this country and that there should be zero tolerance to any custodial death at all remand centres.

Therefore, the panel upheld a High Court decision which found the police force, former police constable V. Navindran and the government liable for Kugan’s death while under police custody in January 2009.

However, the court reduced the amount of damages from RM801,700 to RM701,700 after setting aside RM100,000 for false imprisonment awarded by the High Court last year.

Wong said as for quantum of the exemplary damages, there was no reason to disturb the award granted by the High Court judge as it commensurated with the actions of the defendants.

High Court Judge V. T. Singham, in his decision on June 26 last year, had awarded Kugan’s mother, N. Indra, RM851,700 in damages for assault and battery, false imprisonment, misfeasance, pain and suffering after finding that the plaintiff had established her claim against the defendants.

On Jan 13, 2012, Indra had filed a civil suit against then-Selangor police chief Khalid, Navindran, former Subang Jaya police chief ACP Zainal Rashid Abu Bakar (now deceased), the then-inspector-general of police and the government.

Kugan, 22, died at the Taipan USJ police station on Jan 20, 2009.

Last year, Navindran was the only one held responsible for Kugan’s death and sentenced to three years’ jail. – Bernama