A Liberation Tigers of Tamil Eelam (LTTE)-linked scrap metal dealer was allegedly threatened with a black-eye injury, the same that befell PKR president Anwar Ibrahim during the former's 20-day detention in 1999 under the then Internal Security Act (ISA), precursor to today's Security Offences (Special Measures) Act 2012 (Sosma).
Former PKR member A Kalaimughilan also testified at the Kuala Lumpur Sessions Court today that he was told by police interrogators that they had Penang Deputy Chief Minister P Ramasamy in a cell adjacent to his.
These were among the alleged numerous forms of non-physical mistreatment that Kalaimugilan testified to have suffered under Sosma detention while at the Sungai Buloh Prison.
He was testifying during examination by judge Azura Alwi today over his complaint made under Section 133 of the Criminal Procedure Code which empowers a judge to examine any complaint of mistreatment by detainees while under detention.
He purportedly underwent these and other ordeals following his arrest and detention to facilitate a probe into his purported involvement with the now-defunct militant group LTTE via the possession of items linked to them.
In regards to the alleged Anwar black-eye threat, Kalaimughilan said it happened during an interrogation session by four police officers, one of whom was only named as “Tuan Anuar".
"They told me that they had detained Penang deputy chief minister, P Ramasamy and that they said that he was in a room behind me. They also told me that they had (at one point in time) arrested the leader of a political party of which I was once a member, namely Anwar Ibrahim.
"They also asked, 'Do you remember Datuk Seri who (suffered) a lebam (black eye) from being thrashed by the police?"
"They told me that they had (once) detained this 'Datuk Seri' and if I did not want my wife and father arrested or receive a beating as brought upon 'Datuk Ser', then I should write down what they wanted me to," Kalaimughilan said, adding that he felt fear and stress from these claims made by the police officers.
Anwar's black-eye incident was a controversial event that took place following his fallout with Dr Mahathir Mohamad in the late 1990s. during the latter's first stint as prime minister.
The black-eye was later attributed to the then IGP, Abdul Rahim Noor who subsequently apologised after he was found guilty of assault. He was also reported to have paid an undisclosed amount in damages to Anwar.
As he sat calmly in the dock, Kalaimughilan told the court that his interrogators directed him to write down what was purportedly sought by “Datuk Ayob Khan”, the leader of the police’s E8 (Counter-terrorism Division) as well as that of a “Tuan Manivanan” who led the officers who detained the complainant.
“Tuan Anuar told me that if I write as what was directed by this 'Datuk Ayob Khan' and also 'Tuan Manivanan' then I would be released,” Kalaimughilan said, adding that in the statements they gave him, they purportedly asked him to write the words “Kumpulan Pengganas LTTE”.
“As an example, I was directed to write down that I organised a council of LTTE terrorist groups,” he said.
Kalaimughilan said his interrogators, however, seemed unhappy with what he wrote and later gave him a new set of documents and asked him to remove the word “terrorist” from the new documents and add in the term “LTTE”.
“At that point in time, I realised that they were creating a narrative in favour of them. I told them that it was enough for me. I would not write anymore. I asked them to use what I had written,” he said.
Kalaimughilan said they then told him that if he did not write what they wanted, they would take an item from his house and substitute it with another as well as arrest his wife and his disabled (blind) father under Sosma.
He claimed that four of the police officers involved in his detention subtle threatened him by telling him that those linked to the Islamic State militant just by owning a book had been sentenced to between three and five years in jail and that he himself may be hit with 12 criminal charges.
He said when he pleaded with them to allow him to prove his innocence, they told him this could not be done as E8 has never released anyone arrested by them.
“They said cannot as until now, the E8 branch had never released anyone arrested under Sosma. They said, 'If we release you, that would pose an image problem and bring shame',” he said.
He also alleged that one officer told him that the police had detained 500 people under Sosma and that none of them had ever been released.
“They told me that my wife would be arrested, my father would be arrested and my whole family would disintegrate under Sosma,” he testified.
Kalaimughilan claimed that during his 20-day detention, he was at times asked by policemen to wear a blacked-out pair of spectacles.
“I was like a blind person with both hands handcuffed behind my back,” he said, adding that an investigating officer told him that he was being held 10-levels underground,” he said.
He further claimed that after he was slapped with six LTTE-linked terrorism charges at both the Selayang Sessions Court and the Kuala Lumpur Sessions Court on Oct 29 and 31 respectively, he said a police officer had told him, “Padan muka you, Kalai” (Serve you right, Kalai).
He claimed that he heard these words as he was led out of the Kuala Lumpur Sessions Court on Oct 31 following him being charged there.
“I recall what the police told me. If I pleaded guilty, the charges would be lessened. Because I did not plead guilty (to the six charges), my charges remained at six counts.
“After I was charged at (the Kuala Lumpur Sessions) Court 9 (on Oct 31) and as I was exiting (escorted by police), I overheard one of the officers saying 'Padan muka you, Kalai. Another six charges await you.'
“After I was sent back to prison, the cell seemed different. A rat bit me. (There was also) a cockroach problem, a broken toilet problem and the place (was generally) dirty,” he said.
He added he was unable to sleep well during his detention under Sosma as the light in his cell would be left on for four to five days continuously followed by another four to five-day “black-out”.
“This situation made me think whether I should plead guilty (to the terrorism charges) as I did not want my family members to undergo the same thing I did,” Kalaimughilan said.
He said that he vomited during his detention but managed to call through a microphone for medical assistance.
After the court had checked the accuracy of Kalaimugilan’s complaint as contained in his statement of complaint, judge Azura Alwi said a date would be set later to deliver her decision.
Counsel MV Yoges acted for Kalaimughilan while DPP Aliff Asraf Anuar Sharuddin appeared for the prosecution.
Meanwhile, during a break in court proceedings, Kalaimughilan told the media that those detained under Sosma for their alleged support of LTTE were just sympathising with the victims of the civil war that tore through Sri Lanka 30 years ago.
“We are Malaysians, we are not terrorists. (Prime Minister) Dr Mahathir (Mohamad) can help Palestine but not us. We are just helping Sri Lanka,” Kalaimughilan said as he was led back into the courtroom after a toilet break.
Kalaimughilan is the second person to be examined by Azura regarding alleged mistreatment under Sosma detention linked to the LTTE anti-terror probe.
He is one of 12 LTTE-linked individuals detained under the security law and later charged at various Sessions Courts in the country from Oct 29 onwards.
Yesterday, Azura examined a similar complaint of mental torture by businessperson B Subramaniam, who was among the 12 held. - Mkini
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