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Friday, March 6, 2015

Police responsible for death of guard, rules coroner

Lawyer Eric Paulsen (right) representing C. Sugumar’s family at the coroner's court in Shah Alam today. Sugumar, 39, was detained by police in a public area in Kajang, Selangor on January 23, 2013. – The Malaysian Insider pic by Kamal Ariffin, March 6, 2015.Lawyer Eric Paulsen (right) representing C. Sugumar’s family at the coroner's court in Shah Alam today. Sugumar, 39, was detained by police in a public area in Kajang, Selangor on January 23, 2013. – The Malaysian Insider pic by Kamal Ariffin, March 6, 2015.
A coroner today held that police were responsible for the death of a security guard two years ago as he was under their custody and handcuffed.
Coroner Rozi Bainun in her verdict said there was unlawful omission by the police for their failure to send C. Sugumar to hospital.
"The victim died of coronary artery disease but cannot rule out postural asphyxia as cause of death. This was accelerated as he was not sent to hospital in time," she said.
Sugumar, 39, was detained by police in a public area in Kajang, Selangor on January 23, 2013.
He was found dead with curry powder smeared on the face, still handcuffed behind the back with signs of clear torture on the body.
Eyewitnesses claimed that he was chased by a mob and policemen who stepped on the back of the neck until he stopped moving.  
This is the third case this year of a coroner's court finding police responsible for deaths of detainees.
On January 6, a coroner's court ruled that police were responsible for the death of lorry driver P. Chandran while in custody as they had failed to provide him with timely medical assistance.
On January 28, another coroner’s court ruled that policemen and inmates were responsible for the death of an unemployed man, P. Karuna Nithi, while he was detained at the Tampin district police headquarters in Negri Sembilan two years ago.
Rozi today said witnesses had testified that police had smeared curry powder and stepped on the deceased after his arrest.
"The deceased was double handcuffed behind his back and the assumption that a single handcuff is insufficient reveals the detention was brutal and unusual" she said.
The police turned him around and also claimed to do a cardio pulmonary resuscitation while Sugumar's hands were handcuffed.
She said even though Sugumar was mentally disturbed and had destroyed public property, he was not a threat to the lives of others in the vicinity.
The coroner said police should have sent Sugumar as soon as possible to the nearest hospital and the excuse there was no ambulance was unacceptable.
"The court finds that the police did not take the deceased in their police vehicle because there was no medical equipment and that the victim was of big size was proof of negligence," she said.
Rozi said evidence also showed that the deceased condition was serious, especially when he was having breathing difficulty.
Sugumar's mother, K. Manimegalai (pic), said action should be taken against the policemen who were responsible.
"My son died in a very humiliating manner in the hands of policemen who are suppose to protect lives, " said the 65-year-old who broke down when speaking to reporters.
Lawyer Eric Paulsen, who appeared with Dr Dheeraj Bhar, said it was time for the police and the Attorney-General's Chambers to restructure the standard operating procedure to reduce death in custody cases.
"The three verdicts by coroners this year are enough for the police to investigate and the public prosecutor to file charges," he said.
Paulsen lamented that disciplinary action was not taken against policemen in this case which received wide public attention.
"It appears to show that there was a culture of impunity even if there was wrong done," he added.
- TMI

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