Inmates responsible for man’s death in police lockup, says govt

 

G Jestus Kevin was arrested for theft on April 2, 2020, but died in police custody two days later. (Reuters pic)

PETALING JAYA: The government has dismissed a father’s contention that the police are responsible for the death of his 30-year-old son in a police lockup in Bentong, Pahang, three years ago.

Instead, Putrajaya said the death of G Jestus Kevin was caused by prison inmates Shaiful Zakaria and Azril Yusof.

“Shaiful and Azril tied (and) assaulted the deceased (Kevin). All other statements by the plaintiff (G Ganaprakasam) are denied and he is put to strict proof,” the government said in its defence statement filed by the attorney-general’s chambers last month and sighted by FMT.

It said a post-mortem report revealed that Kevin died of blunt force trauma, cardiomyopathy and liver steatosis.

Further, the defence stated that the policemen on duty neither ordered nor encouraged Shaiful and Azril to attack Kevin.

In a subsequent reply to the defence, Ganaprakasam disagreed with the government’s position and said he will adduce all available evidence to prove his case.

Lawyer Sanjay Visvanathan said Shaiful and Azril did not enter an appearance in the action despite being served with the cause papers.

“The deadline for them to file their defence has passed,” he told FMT.

In April, Ganaprakasam, 64, filed the suit as administrator of his son’s estate. He said his son died as a result of negligence, breach of statutory duty, and misfeasance on the part of the police, and assault and battery by the two inmates.

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He wants the defendants to compensate him for damages, and the loss of earnings and support following Kevin’s death. Kevin was an odd-job worker.

Ganaprakasam named 13 policemen, the Bentong police chief, the inspector-general of police and the government, as well as Shaiful and Azril as defendants.

Kevin and another suspect, M Pathmarajah, were arrested by the police for theft on April 2, 2020 and were remanded for four days pending investigations.

Kevin became delirious at around 9pm, two days after his arrest, while being held in a cell.

He was then moved to a cell occupied by Shaiful and Azril, Ganaprakasam said.

The plaintiff said his son was assaulted by the two inmates with the encouragement of policemen on duty that night.

Corporals Noor Hezreen Arif and Fairus Azni, two of the defendants who were on duty, called for an ambulance at about 12.50am on April 5, but paramedics who attended to Kevin said he was already dead.

Ganaprakasam said the police owed his son a duty of care as he was under their custody and control. He also said the government was vicariously liable for the acts and omissions of the police.

Ganaprakasam said he would rely on the outcome of an ongoing inquest, a report issued by the Human Rights Commission of Malaysia (Suhakam), CCTV footage and forensic results to prove his case against the defendants. - FMT