Justice Aslam Zainuddin said that Navindran was not required to enter his defence at the end of the prosecution case this morning.
He added that the prosecution had failed to establish a prima facie case against the police constable.
Navindran, 28, faced two counts of causing grievous hurt to Kugan, 23, at the D9 interrogation room at the Taipan police station, Subang Jaya, at 7am on Jan 16, 2009. The offences carry a maximum 10 years jail and a fine on conviction.
Navindran also faced two alternative charges of causing hurt to Kugan at the same place and time, which carry a maximum seven years jail and a fine on conviction.
Earlier in the trial, witnesses have testified that Navindran had beaten Kugan with a rubber hose even when it was not his turn to interrogate the suspect.
The decision today is not expected to sit down well with Kugan’s family members who want those responsible to his death to be punished.
Navidran later told reporters that he will return to work as a constable at Taipan police station.
“I would like to thank my lawyer and the court,” he said.
DPP Abazafree Mohd Abbas later confirmed that the prosecution was awaiting orders from the Attorney-General on whether to appeal against the decision.
On Jan 14, Kugan, from Puchong, was arrested to facilitate investigations into a luxury car theft syndicate. Six days later, he was dead.
Family members who stormed the mortuary found Kugan’s body riddled with severe lacerations. But the first mortem concluded that Kugan had died as a result of fluid accumulation in the lungs.
The family then commissioned a second post-mortem, which disclosed that the deceased was burnt, beaten and starved during detention. - FMT
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