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Thursday, February 23, 2017

What’s vague with 82 autopsy photos showing injuries, lawyer asks IGP

Surendran says police have no right to take statement from HKL pathologist who did second autopsy as he is a scientific investigator, not witness.
surendren-khalid
PETALING JAYA: What is so vague in the second autopsy results in S Balamurugan’s case, with the police having 82 photos showing multiple blunt force trauma and the report indicating how heart failure had been triggered, N Surendran asked today.
Representing the family of the deceased in the recent custodial death case, lawyers Surendran and Latheefa Koya also questioned Inspector-General of Police Khalid Abu Bakar for having summoned the doctors who carried out the second autopsy to record their statements.
“Firstly, there’s nothing ‘vague’ about the 2nd autopsy result, as alleged by the IGP. It clearly states the cause of death as ‘coronary artery disease with multiple blunt force trauma’. This means that the heart failure was triggered by the beatings.
“Otherwise, multiple blunt force trauma would not have been included as a cause of death by the pathologist!” Surendran said.
The PKR vice-president added that the presence of a police investigating officer when the Hospital Kuala Lumpur forensic team explained in detail to the family and lawyers on the outcome of the second autopsy should be enough for the police to accept the results.
Balamurugan, 44, died on Feb 8 while at the North Klang police station. He was detained on Feb 6 and taken to court to obtain a remand the next day.
The Magistrate’s Court rejected the remand order and ordered Balamurugan to be freed, but this was apparently not done.
Following Balamurugan’s death, North Klang police chief Mohd Yusoff Mamat was reported as saying that 10 policemen at the North Klang police headquarters were under investigation.
However, at a press conference yesterday, Khalid said only one police officer is being investigated for ignoring a court order demanding the release of Balamurugan.
He said police were now waiting for the full report of the first post-mortem but will call the pathologist involved in the second post mortem for further details as the report was “vague” and “too brief”.
Surendran said it was also unacceptable that the current investigation is still for wrongful confinement.
“The IGP has clearly acknowledged that the second autopsy found that Balamurugan suffered blunt force trauma, that is, beatings. Then why is the investigation still under Section 345 of the Penal Code for ‘wrongful confinement’ only?
“At the very least, investigations should be opened for much more serious offences, such as murder or culpable homicide or causing grievous hurt,” Surendran said, referring to the “scientific evidence” as per the second autopsy, which showed beating to the head, chest, back and legs.
Elaborating on the seriousness of the incident with multiple blunt force trauma having been established, the lawyers also demanded to know why no police personnel had been arrested or suspended.
Surendran, who is the Padang Serai (Kedah) MP, was also disturbed by the police wanting to call the HKL pathologist to record a statement, saying the doctor was not a witness to the case.
“He is a scientific investigator. He and his team have already given a detailed briefing in the presence of the police, and the police have the full set of photographs
“Medical findings by pathologists cannot be recorded by way of police statements. And medical professionals carrying our their duties should not be subjected to the police investigation process,” Surendran said.
Demanding swift justice for the family of the deceased, Surendran and Latheefa said the explanations from the police and Khalid too yesterday were “plainly unacceptable”. -FMT

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