Gobind: Death in custody probe delays unacceptable

 

Delays in the probe of a lorry driver who died while in police custody are “unacceptable”, said Gobind Singh Deo, who intends to meet the home minister to discuss reforms on how cases like this are handled.

The digital minister and senior lawyer questioned why the police have not contacted the deceased’s widow, S Rajeswari, to update her on the case, even after nine months had passed since his death.

The attorney-general had also, on Dec 6, instructed the police to complete the investigation without further delay, Gobind pointed out.

“This is unacceptable. The law is clear in cases involving death in police custody. There must be an inquiry held to determine the cause of death and action taken thereafter,” he said in a statement.

“The inspector-general of police must explain the delay in this case. It has been nine months. A report must be completed by the police and submitted to the attorney-general as directed without any further delay.”

Alleged conflicting explanations

A recent Malaysiakini report detailed how Rajeswari’s husband, Manisegaran Mohan, 41, had allegedly died under suspicious circumstances after being detained at the Bandar Sunway police station in Petaling Jaya, earlier this year.

When she saw his body at the hospital, Rajeswari claimed her husband had sustained injuries to his chest, had broken teeth, and had blood in his eyes.

She added that the post-mortem report allegedly offered conflicting explanations, including suggestions of a heart attack, drug use, and fluid in the lungs.

However, she said the death certificate merely stated that the cause of death was “pending further investigation” as the police have yet to issue a final death certificate.

Manisegaran Mohan

After nine months of waiting, Rajeswari appealed to Home Minister Saifuddin Nasution Ismail to intervene and help determine what really happened to her husband.

Despite the Attorney-General’s Chambers’ instructions to the police to complete the probe, Rajeswari claimed that as of Dec 13, the authorities had yet to contact her.

Reforms needed

Responding to her frustrations, Gobind said this was why reforms had to be made to current procedures on such cases.

“There must be strict timeliness set for specific steps to be taken after reports like these are made or information of such incidents received.

“Where there is failure on the part of any officer to comply with these directions, then action must be taken, be it against the officers concerned for noncompliance, or for those officers to be replaced to ensure that investigations proceed without further delay.

“Delays will result in injustice. It would have an impact on the investigation, witnesses and evidence needed in the case.”

Gobind added that he will meet Saifuddin on the need for reform of procedures involved in probing cases of death in custody. - Mkini