Govt appeals coroner’s verdict on detainee’s death

Lawyer Eric Paulsen questions why public prosecutor is overturning the coroner's verdict instead of charging those responsible for the man's death.

PETALING JAYA: The government has filed a revision in the Seremban High Court to overturn the verdict of a coroner who held that a detainee died due to assault by police and other inmates.

P Karuna Nithi’s family lawyer Eric Paulsen said the court has now fixed March 21 to hear the matter.

“We are perplexed (as to) why the public prosecutor is appealing instead of taking action against the perpetrators of the crime,” he told FMT.

Paulsen said the public prosecutor also did not frame charges against those responsible for the death despite inquest findings revealing that someone was “criminally concerned”.

In Karuna Nithi’s case, coroner Jagjit Singh maintained his verdict despite allowing the inquest to be reopened to look into the cause of Karuna Nithi’s death.

The man died on June 1, 2013 in the Tampin police lock-up three days after his arrest following an altercation with his wife.

The post-mortem conducted by a government pathologist found 49 external injuries on his body through force applied repeatedly by blunt objects. But the conclusion was that the deceased died due to fatty liver instead.

However, Jagjit said the death was as a result of physical assault, abuse and unlawful acts by persons unknown, inclusive of police officers and other detainees where Karuna Nithi was held.

He said there was failure or omission to provide the necessary medical care and attention required by Karuna Nithi.

On Jan 16, 2015, coroner Ahmad Bache also held police responsible for the death of lorry driver P Chandran through their omission to provide him with timely medical assistance.

Chandran was detained at the Dang Wangi police station in Kuala Lumpur on Sept 6, 2012 and was held for four days before his untimely death.

Last month, the High Court awarded RM357,000 in damages to Chandran’s widow, N Selvi, and daughter, C Rita, for negligence and abuse of public office.

In March 2015, coroner Rozi Bainun in her verdict said the death of C Sugumar, who was under police custody when he died in 2013, was “hastened” by the negligence of police officers overseeing his detention.

She said even though Sugumar’s death was ruled as having been caused by coronary artery disease, police officers conducting his arrest should have sent him to hospital when the deceased developed breathing difficulties.

Sugumar died shortly after being arrested for allegedly running amok at a Hulu Langat suburb on Jan 23, 2013. He was in handcuffs when he died.

Eyewitnesses said Sugumar was arrested by three policemen who pinned him to the ground, with one stepping on his head and the other two sitting on his buttocks and restraining his legs.

Paulsen, who is also executive director of Lawyers For Liberty, said in the cases involving Chandran and Sugumar, the public prosecutor also did not haul anyone to court.

On Feb 8, S Balamurugan was reported to have died in the North Klang police lock-up. Investigators classified the case as sudden death.

The family of the deceased conducted a second post-mortem which revealed that his death was caused by coronary artery disease and multiple blunt force injuries. -FMT