Thursday, February 26, 2009

E_flyer for the Sat 28 Feb Mass Police Report on Uthaya health right denial

Flyer for Sat 28 Feb, Mass Police Report


In the past 20 years or so almost of all the citizens shot dead by the mono ethnic Police Force were ethnic Tamils. And in every case the Police have maintained that they either fired in self defence or that the victims refused to surrender and therefore had to be killed. Human rights lawyers however think that all these were carefully planned extra judicial killings. In one case a 19 yr old unarmed ethnic Tamil college student was brought down by the Police in a hail of bullets in Seremban, a town in the state of Negri Sembilan.

The incident which took place about four years ago was reported in the Govt controlled media as a case where the courageous police fired in self defence but lawyer Uthayakumar who is now wrongfully in detention under the obnoxious ISA laws was able to show reporters the bloodied T shirt the boy was wearing at the time of his murder. All the bullet marks were on the back of the shirt, which means the lad was running from the police not attacking them. You must not be surprised that the Police continually kick the Law on its rear end.

The present Inspector General of Police Musa Hassan admitted under cross examination by the defence in the infamous Anwar Ibrahim trial a few years ago that he would do what is illegal if ordered by his boss. And Raja Petra the fearless blogger who is contesting the Home Minister's order requiring his detention under the ISA has made allegations in his blog that Musa Hassan had symbiotic links with leaders of the underworld.

Recently a Malay woman working in a pub made a Police Report against Jamaluddin Jarjis a UMNO politician alleging that he had groped her at her place of work. Initial reports emerging about the incident said that he was 'tipsy' at that time.

Now, commonsense and a sound system of Laws would require that Jamaluddin be be hauled to the Police station and his statement recorded prior to him being investigated for the offence but here in Malaysia a special mollycoddling law applies to UMNO politicians...... The poor woman after having made the Police Report had second thoughts: she took out a Statutory Declaration contra ing the report. Never in legal history has this kind of thing happened.Mr Karpal Singh and other legal experts have said that there is no provision in the Law whereby a police report may be expunged by a SD. One cannot withdraw a police and if her report were false and malicious then she ought to charged in court but our Police and Public Prosecutors have not proceeded against Jamaluddin Jarjis or the unfortunate woman.

Some months ago Mr Karpal Singh made a police report against Zaki Azmi the Chief Justice wherein he accused Zaki of corruption but to date no statemebt was recorded from him and Zaki has not been investigated. But quicker than a flash of lightning the police have acted upon two reports made against him by UMNO in that he had committed treason against the Sultan of Perak. The venerable wheel chair bound Mr Karpal was asked to go to the Police Hqrs to sit through a 3 hr long interrogation.

Naturally Mr Karpal is annoyed at the double standards,Investors and tourists must understand that 2 kinds of Law operate in Malaysia. A harsh unbending system against the common citizen and a mollycoddling one which applies to UMNO leaders and their cronies.

Decent taxpaying citizens will become so frustrated with these double standards that eventually they may take the law into their own hands.

Tuesday, February 24, 2009

Video of Uthaya at Taiping GH

Hello everybody

pls watch video clip taken by one of our support from Ipoh at Taiping Hospital while our hero brought to Taiping for medical attention

watch closely to understand the suffer that Uthaya going through in KEMTA

Medication denied.............
No proper meal for diebetic patient........................
No treatment for his fracture toe..................

Below the URL to watch the

Do you want this "slient killing" to continue ????

Act now, join the rest on this 28th Feb , 10 am at Brickfields Police Station in mass unity.

more related clips,
Urgent call from our Hindraf MP

Watch this video. listen to the voice of hero Uthaya

Let join 28 Feb 2009 at Brickfield to stop "silent killing"

To all, "Nandri Ulla India Samuthayamke"

"Nam urimaikagae poradi, intha samuthayathin ethirkaalam sumanthu, indru ISA yil kaal ilakum nilamaiyil irukum nam veera thirumagan P.Uthayakumar rai oru kai koduthu kapathugal.

28/2/09 , 10am
Balai Polis Brickfields police pugar seivom!

Varugal Nandri Ulla Samuthayamae!!!
Nam othirmai kaathuvom!!!"
Valgae Hindu Samuthayam !!!
Valgae Uthayakumar !!!
Valgae Hindraf Makkal Sakthi !!!

pls forward in all means possible......

A first hand report on the killing of the six in Kulim

A first hand report on the killing of the six Indians in Kulim

Posted Mon, 23/02/2009 - 00:41 by admin

The Malaysian Police are Prosecutor, Judge and Executioner , all in one.
Today I tagged along with our Human Rights Activists who have been fighting Police Abuses for a long time – S. Jayathas, S. Surendran, Manickavasagam (MP for Kapar) and M.Manohar(MP for Teluk Intan). to find out what actually transpired when the 6 were killed by the Police in Kulim.

Ever since their killing the other day I have been very bothered by the event. The media shouted out "criminals" – as if that was the foregone truth. The Police had executed all 6 of them as if they were the Prosecutor, Judge and Executioner all in one and utterly above the law. It was not one, not two, it was six and it seems with impunity. Every one had their own view of the episode. But I needed some answers.

At the outset let me say that I am not condoning crimes or criminals, but there are so many questions that this incident raises that we need some good answers, and fast, as this situation seems to be spinning out of control – before the ink dries on one, another seems to happen. Kugan's case before Prabakaran's settled, and now the six before Kugan's case is settled.
We visited the shootout site, the families of 3 of the deceased and spent some time with the neighbour at the shootout site. The picture that emerges is different than what the mainstream media has been putting out. The MSM paints a picture that the Police only returned fire after being shot at and that this turn of events was totally unavoidable and that they were dealing with a bunch of unscrupulous criminals.

Let me detail some of the facts we gathered before commenting on them. The scene of the shooting was in a small town of Karangan some 15km from Kulim. It was in a small house which was being renovated in one of the backroads of Karangan, a little off the main road of the town. The fence around the house was a tall wall made up of corrugated sheet – something you would do to cut off from view what was going on inside.

A very forthcoming neighbour told us that when he returned home from work that rainy night at around 10 or so he was met with a large group of police men in front of his house, who had already packed his family into the prayer room of his house in the event of stray bullets during the impending ambush. He was asked to get in with them. He only heard the frightening shootout that dreadful night from within his prayer room.

The shootout took place at around 10.30, a very noisy and frightening episode, narrated that neighbour. There did not seem to be any attempt by the Police to try to get the people they were seeking, out from the premises, by summoning them out first using hailers or some such device, before the shoot out. The shooting just happened. The neighbour knew nothing more till the bodies of the killed men were removed at somewhere between 4 and 5 am the next morning.

The first of the killed men, the one that the Police probably had a reason to get, the owner of the house where the shootout happened, was shot in the middle of the top of his head, top down it appeared, though his death certificate indicated he died due to shot wounds in his chest. The family of this victim, mentioned he had several more shots on the front side of his body – as if someone shot at him from the front. This individual, we were told by the family had no prior police record.lThe second victim that we visited was someone who was actually working in Singapore for a company called SBS (maybe the Singapore Bus Company) who had come back to Kulim for a holiday. He was due to go back shortly and had a return ticket for that. His death certificate also indicated death due to shots in the chest. Apparently he had several shot wounds on the front side of his body also, as if shot from the front. He appeared to be a friend of the first victim. It is not clear from the little information we got that this person was at all a close accomplice or even a participant in any crime that may have been in the works.

Of course, I am concluding this with very little information, but these are the facts as we got them from the family. The family was distraught, because this had damaged the standing of the family in the community, having their dead son branded a criminal. This victim also has no past criminal record, we were told by the family.
The third family we visited was that of a young chap of about 20. His family lives in a dilapidated little estate house in Padang Serai. He had seven siblings and it was obvious the family was just existing. This young chap it appears was working for the first victim assisting in the renovation of the house where the shootout happened. The parents did not seem to know much more about what he did. He was obviously not being paid very much, as he had just 2 days before the incident asked one of his family members for 20 ringgits. He had shot wounds on the forehead and it looked like the back of his head was all bloodied as if from an exiting bullet. He was dressed only in a towel at the time of his death. His parents even had difficulty putting together some money to buy him a shirt and a dhoty for his burial. 36 ringgits was all they had.

They could not even afford the coffin in which he was ultimately buried. The Police disallowed the victims kin to examine the body when they tried to. The body was all bloodied in the front. This victim also has no past record, we were told.
To say the least, this was a carnage. It appears like we are in Gaza or in Iraq or in Afghanistan or even in SriLanka – the scale and method of killingsuggests nothing short of this. Let me ask, are we in one of these countries or is Malaysia descending there?.
It looks like Indian lives have become very cheap, very cheap in this country – the lives of anjing keeling, yes that's what it is, the cheap lives of the anjings - that they can be wasted in this manner. Uthayakumar was so right!.

By all of this, I am in no way saying crime is alright. What I am saying is the way the problems of crime are being dealt with. Let me layout some perspectives for you all to consider:

1) What was the need to kill these people? They were not terrorists. They had no previous records. They were not murderers, surely not the mafia. They could have been easily arrested. In fact the first victim regularly stays is just a stone's throw from the Police Station. Why were they not apprehended? Or why were they not given a chance to come out with their hands up to surrender themselves for arrest – even in war this is done?. Why were they not given this chance?

2) We understand there were a number of sharp shooters from around the country on hand for the job for the Police. This seem to indicate that this was planned kill event.

3) Why was it that the shot wounds were all in the front side of the victims – not any location on the body, but systematically on the front side?

4) One victim was shot on the top of the head, how could that happen in a normal exchange of fire. That seems to suggest some crouching position and a shot into the head, from the top.

5) Why were the victims not shot at on their legs or where they will not be killed but disabled on being shot?

6) Why were the kin of one of the victims denied their right to inspect the body?

7) If it was a shootout between the Police and the victims, only two could have had the guns, as the police produced two guns, why were the shot wounds so systematic in the chest and the heads on all three of the victims? We do not know about the other two victims – but I suspect they will show similarities.

In summary this ugly incident in the series of incidents of police killing and atrocities seem to emphasise the following issues.

a) The Police in Malaysia continue killing Indian crime suspects with impunity – taking upon themselves the role of Prosecutor, Judge and Executioner all in one. I am sure that the powers be know exactly what they are doing. So, we have to take it that they are trying to provoke a response from us so they can slam emergency rule snd set us all back?

b) The Police very urgently need to be Policed . That looks like a very remote possibility, as long as UMNO rules this country of ours. . See what's happening to the reform driven MACC, it has become just another tool of UMNO. Any IPCMC will probably end up in that same rubbish bin. In any case this UMNO regime seems to be promoting Police brutality as a means of maintaining their hold on the levers of power.

c) So many crime suspects in Malaysia are from among the Indian community.? I think the answer to this has been already abundantly answered by Uthayakumar – this underclass of Indians are a direct result of the UMNO policies over the last 50 years of marginalizing Indians – neglecting the development of the Indian community. There does not yet seem to be any serious effort to get to the bottom of this problem.

d) The way the Police are shooting Indian crime suspects seem to give additional credence to the racist line of UMNO – the anjing keling line.. They seem to be wittingly or unwittingly creating a stereotype of the Indians in the country – despicable, troublecausing and uncouth Indian. What do you think the jibes of children in school reflect – when little Indian children are called "anjing keling" by their Malay classmates.

e) Poverty seems to be intertwined with all of this. Take the case of the third victim that we visited - what kind of money was he making for him to be lumped up and shot. Does this make sense, 20 years old, barely making a living and then shot in the middle. These are the youth of the country who should be nurtured and built up into the the human potential we so much need.This is all very infuriating.

There comes a time when all of this has to stop. This cannot continue. UMNO , stop playing games and get on with doing something positive about the problem. If you do not know how, then get expert help, I am sure there are agencies around the world that can help. Or are we to take it that you just do not want to , and then the only way we can find some resolution to the problem is by replacing you, UMNO.


PS from WMP -No arrest done on Kugan's death in last 1 month !!


RE: More than a month still no charge or arrest of Police suspected murderers of A. Kugan

HINDRAF condemns the lacklustre attitude taken by UMNO led government and the AG's office in prosecuting the police suspected murderers of A. Kugan. A. Kugan was murdered on January 20, 2008 in police custody and to date more than a month, no charge or arrest has been made on a single policeman.

In all fairness and justice, A.. Kugan is as much as a Malaysian as any other Malaysian who deserves to be treated equally and fairly. Why is the government taking a step back and practicing double standards in administrating the due process of law against the police murderers for a murder that was committed in police custody? Is it because A. Kugan happens to be a Malaysian Indian?

This condemnable approach taken by the UMNO led government and the AG's office in delaying the charge and arrest of these murderers will only further agitate the public and in particularly the Malaysian Indians who had suffered enough under the tyranny of the government through systematic marginalization and discrimination.

Public accountability and transparency of the UMNO led government and its agents in relation to protection of human rights in Malaysia is severely undermined and are provided merely as a lip service exercise to appease the public. A. Kugan's case is a classic example, more than one month had passed and no charge or arrest for a murder that took place in police custody.

The continuous callous attitude by the government against the Malaysian public in particular to the Malaysian Indians will only distance itself further from the public as the frustration grows in all segment of the society with no ability to seek a fair and just recourse for the injustice that prevails to maintain the status quo of the UMNO led government and its agents.

HINDRAF seeks immediate actions to be taken against the police murderers and not lip services from the AG's office in this matter. One month without any charge or arrest is just to long for a murder that took place in police custody unless there are ulterior hidden motive for the murder of A. Kugan that otherwise could jeopardize the integrity and sanctity of the police force.

Thank you.

P. Waytha Moorthy
Hindraf- Chairman

28 Feb 2009, Mass Police Report at Brickfield Police Station against KEMTA

Hi All Malaysian,

Let us show the UMNO govt that we care for Makkal Sakthi lawyer, who fought and keep on fighting even from inside Kemta for our rights. We should act before anything bad happen to him.
Let we give pressure to them to give him proper medical treatment.


DATE : 28/2/2009, 10 AM
VENUE : Balai Polis Brickfields, KL.

AGENDA : To show support and make mass police report against KEMTA and KDN for neglecting Makkal Sakthi leader P.Uthayakumar health.

Kesihatan Wira Makkal Sakthi P.Uthayakumar semakin kritikal.
Laporan polis secara besar-besaran, seorang demi seorang demi seorang, terhadap Rejim UMNO, Kemta dan KDN kerana menafikan hak rawatan dan nyawa beliau terancam.

We have to gather in peace to stop the "Silent Killing" attempt by the UMNO lead govt against P.Uthayakumar.

Sila datang ramai-ramai untuk Wira kita.

Sebarkan mesej ini kepada semua






1,000.000 People wants Malaysian Govt, Release 4 HINDRAF Lawyers from ISA


Saturday, February 21, 2009

Hindraf stand on Bkt Selambau candidacy from WMP

There has been much said about the endorsement on the candidacy of Bkt Selambau. HINDRAF has always been apolitical in its stand and shall only support a candidate who is qualified to serve the public irrespective of his background and his ethnicity as long as that candidate is able to ensure that all that is constituted in the Federal constitution is adhered to protect the society in all fairness and the reality rather that hampers the multi racial growth of the nation.

The reality and the truth is, the masses of the Malaysian Indians faced the worst backlash of a discriminated and marginalized system that had set the Malaysian Indians into a state of being identified as the under class society in Malaysia. HINDRAF took the battle to challenge these policies and system that indiscriminately segregate this society to a segment of under class when they have actually contributed immensely to the society.

HINDRAF struggle today is not a political war but a human right violation for the masses of Indian to participate to seek and prosper as any other "Anak Malaysia" for their meritocracy and efforts to enhance the nation. Many fail to see that HINDRAF is a drive to awaken the concept of awareness amongst all Malaysians that seek fairness and justice for a segment of the Malaysian community who have been driven to such high level of suicide and crime for such a minority on the basis of survival as policies and UMNO led system continues to undermine and shackle this community to its doldrums.

To date, all the NGO's and all so called defenders of human right violations are unable to function in the police state in Malaysia until and when HINDRAF came along to create the awareness and lighten the conscience in one another for the true state of the Malaysian Indian masses along with the lost voice of other minorities who always have been subjugated and accept the unfair and unjust rule led by the UMNO led government.

HINDRAF is People's will and conscience, it needs no official standing, any affiliation, nor acknowledgement, but only what is fair and just for one to live a life without fear, intimidation, discriminated, marginalized for one's race, religion, color or creed.

HINDRAF presently represents the Malaysian Indian community domestically and internationally, but if other NGO's who seriously are interested in engaging us and pursue their interest in addressing their issues, they are more than welcome to jump aboard with us to ensure the voice of humanity in Malaysia prevails to create unity in an effort to create a United Malaysia for all.

HINDRAF again would like to reiterate that it is without fear, favor and self interest, if there is any candidate who can deliver for all Malaysians in all fairness then he would be the best candidate for the Bkt Selambau in the coming election and the public should make a choice on this.

P.Waytha Moorthy
Hindraf- Chairman
'In memoriam' - P Uthayakumar
Pakac Luteb Feb 19, 09 4:39pm
I refer to the Malaysiakini

Report Uthaya's foot injury getting worse.

I'm writing ‘in memory’ of P Uthayakumar, a true Malaysian hero who fought for human rights during his incarceration under the draconian ISA He was slowly tortured to death by the police, aided by doctors who should have acted on Uthaya's behalf.
The death of Uthaya is as much murder as the death of A Kugan. Uthaya was held by the police under physically poor conditions and deprived of medicine, proper medical care and a proper diet.
The doctors were grossly negligent and failed to give Uthaya a proper standard of care. Any medical officer knows enough about diabetes to properly care for someone such as Uthaya. High blood sugar makes even small wounds have the potential to cause serious infections.
What Uthaya needed was urgent surgery and antibiotics, However, his ill health before his death could have been avoided by a proper diet, medication and proper medical treatment.
The doctors concerned should have their annual practising certificates withdrawn. The Malaysian Medical Association and the Malaysian Medical Council should act swiftly as allowing wilfully negligent doctors to continue to practise medicine will seriously erode public confidence in the medical profession.
Doctors are expected to be moral and have the interest of the patient in mind. The way the doctors behaved in the case of Uthaya is grossly immoral.
Well, allow me to clarify that Uthaya's not dead yet, but he will be soon. His necrotic toe will soon be gangrenous, then his leg will be infected and he will develop sepsis (a generalised blood infection). He will then develop kidney failure followed by heart failure and his death will be said to be due to a heart attack.
Although the death certificate may give the cause of death as a heart attack (or some other cause), the true cause will be total body system failure (brain, liver, kidney, lung, etc.) due to exacerbation of his diabetes by the manner in which the police and doctors treated him.
Why are the Hindraf leaders under ISA? The government fears them very, very much. Here's why: The Indians are a downtrodden marginalised minority. If the indians are permitted to revolt, other ethnic communities will realise that if the Indians (with everything stacked against them) can do it, then they (other ethnic groups) can do it too.
Once much of society feels it's time to revolt to take back the civil rights the government has taken away, the government will swiftly fall. That is why the Hindraf leaders are under the ISA.
Diabetes is not a death sentence if properly treated. With proper control of blood sugar, a diabetic can have 30-40 years of good health before serious complications occur, chiefly eye and heart
problems. The loss of toes and legs can be avoided by proper control of blood sugar.
However, diabetes makes infections harder to defeat. Infections raise blood sugar in diabetics.
Both infection and blood sugar can quickly spiral out of control in a diabetic. An all too common scenario for diabetics is high blood sugar, infection, blood sugar increasing and the infection becoming worse.
Urgent medical treatment is required to treat both the blood sugar and the infection. If treatment is absent, delayed or insufficient, blood sugar and the infection spiral out of control, the person goes into coma, their kidneys fail and their heart struggles because of the kidney failure.
The heart can't cope, their lungs fill with fluid and the heart is further over-stressed by the lack of oxygen and the struggle to pump blood. A heart attack ensues.
Although the death certificate can say heart attack is the cause of death, it's actually fluid in the lungs, kidney failure, sepsis and high blood sugar that killed the person.
In the case of Uthaya, as in so many other cases, death as an outcome of infection in a diabetic is an avoidable death, if proper treatment is given early enough.
Any surgery has risks. Uthaya, in his weakened state and with his diabetes (poorly managed diabetes, because of how the police treat him), would face more severe risks than usual.
It's possible Uthaya could die during surgery or during the recovery period after surgery.
Whether Uthaya survives or not or has his leg amputated (an amputation that could have been avoided by prompt and proper treatment including being warded in hospital, infusion of antibiotics, treatment of toe or amputation of toe) he is a true Malaysian hero, struggling for the civil rights for all Malaysians, their children and grandchildren.
Uthaya is trying to create a Malaysia that will be a better place for all, not just Indians.
How a society treats it's less fortunate members (the old, sickly, mentally ill, poor, uneducated, handicapped) is one way to measure how civil a society is. How a society treats it's critics, it's dissidents, is another measure of how civil (and democratic) a society is. Malaysia thus measured ranks poorly compared to many countries. Malaysia is much better than some countries on this issue, but that is more because those countries are so abysmal rather than because Malaysia is liberal. Malaysia, in reality, is not liberal.
Social ills won't be solved by pretending they don't exist or by jailing those who point out their existence. Social ills can be solved only when the government takes an active role in supporting those persons who are trying to solve these social ills.
Why is the government acting as it does, against it's own citizens and against vulnerable defenceless members of society? Do the people in government really want a society where women are raped and trafficked and marginalised, a society that treats the wealthy with respect and the poor and handicapped with disdain?
Maybe they do want that, maybe they think they are never going to be raped or handicapped or poor, so it does not apply to them. If so, they don't realise they are just one slip in the shower or one road accident or one stroke or any other human malady away from being handicapped.
As for being poor, with the economy declining, unemployment and inflation increasing, the value of their money will drop and although they may not become very poor or homeless, their lifestyle will certainly be affected. They will get at least a little taste of what being poor means.
To them it will mean deciding where and for how long they go on holiday or do they buy a Mercedes or a Toyota. But they won't really know what a poor person experiences. A poor person daily has to make choices such as do they buy food or clothes and walk a long distance to work or do they spend the money on taking a bus.
The government will have the support of the rakyat only when the government shows it truly understands the needs and aspirations of the rakyat and truly helps the rakyat. The rakyat are not stupid, they know the difference between words and actions and see that the present government talks a lot and promises much but delivers little.
Worse still, the present government actively acts against the needs and aspirations of the rakyat. The rakyat understands that the present government is not good for them as can be clearly be seen by the votes in the last general election and recent by-elections.

PS from WMP - HINDRAF condemns the shooting of 6 Malaysian Indian by PDRM

HINDRAF – PDRM official gunslingers of UMNO led government

HINDRAF condemns the latest killing of the six Malaysian Indian suspects in their own house.

The Home Minister and its running dog PDRM are issuing statements akin to the prosecutor and judge on the suspected criminals in justifying their killing of the suspects. Maybe Malaysia should do away with the AG's office, the judiciary and the Criminal Justice system as everything can be decided by the Home Minister and PDRM.

The bizarre thing in this whole incident is all the six males were killed and none of the police officers were injured and four women were apprehended. Bearing the recent torture on Prabhakar by the police force, the death of A. Kugan in police custody, the government's and the police's integrity and transparency is highly questionable as they continue their extra judicial killing of Malaysians in particular of Indian origin.

Bernama - When the policemen barged into the house and introduced themselves, six men between the age of 20 and 50, fired several shots at them and, in defence, the police fired back and the shots hit the six suspects,". State police chief Datuk Syed Ismail Syed Azizan further told reporters here today that "police searched the house", which was recently built, and found two pistols - a Smith & Wesson 9mm with seven rounds of ammunition and a .38 revolver with five rounds of ammunition".

The above statement clearly shows the inconsistency, cover up and lie that PDRM keeps feeding the public to maintain a police state "status quo" for the UMNO led government in regression of a democracy state.

HINDRAF call's upon conscience and responsible MPs to immediately table a motion in Parliament to set up an independent investigative body to conduct forensic and coroner's report in this killing to ensure transparency and accountability of the police force.

If the government fails to conduct such an independent enquiry, it will only further erode the confidence of the public in the integrity and independence of the police force in continuous wayward ways of conducting extra judicial killings of the Malaysian Indians today in and outside custody and that may befall other Malaysians in the future.

It is high time, with the current rate of extra judicial killing that is taking place in police custody and trigger happy police force with shoot to kill intention, that the IPCMC is implemented as soon as possible as an external monitoring mechanism into police abuses of power that would be good for both the police force and the country.

I urge the public to pressure their respective MP's in ensuring the above to preserve the democracy state of the nation and stop it from becoming a total police state.

Thank you

P. Waytha Moorthy
Hindraf – Chairman
Currently in Brussels (Belgium)

Tuesday, February 10, 2009

Letter from P.Uthaya (in English)

Double Jeopardy and no political or Judical Justice. Minority and human rights lawyer in the dock even after 14 months of ISA imprisonment without trial and continuing indefinitely thereafter - P. Uthayakumar, Kemta Prison, Kemunting @ Malaysia ’s Guantanamo Bay (3/2/2009).


A law school in England from 1984 onwards, I was taught that Article 8 of the Federal Constitution in tandem with fundamental and Universal Human Rights Principles, guarantees equality and equal opportunities before the law and especially so prohibiting institutional racial and religious discrimination. I genuinely believed in these ideals. But what I did not realise was that under the UMNO controlled Malaysian government, Article 8 was meant to be more for decoration or puppet shadow play “wayang kulit”. UMNO never seriously intended Article 8 to be put into practice especially so when it concerned the approximately 99% of the poor and underprivileged third, fourth, fifth and even sixth generation Malaysian born Indians.

Long walk for justice

Having developed these ideals of justice during my student days I began the long walk for Justice from about the time I had started reading in chambers some eighteen years ago, mostly under the Police watch NGO banner and with just a handful of volunteers . For the first ten years or so of my legal practice and legal and especially Indian minority rights activism the UMNO controlled Malaysian authorities generally left us alone because they may have deemed our struggle. ‘a cry in the wilderness’. After the first ten years of “pioneer status” from 2003 onwards was arrested, detained and charged for criminal intimidation of a police Chief Inspector during court proceedings and the last being for two sedition charges and a few more in the pipeline. This my final arrest under the ISA was the tenth arrest effected on me.

UMNO “put me to sleep”

But when the banks unexpectedly and unprecedentedly burst with the about 100,000 People Power Makkal sakthi Hindraf Rally on the 25th day of November 2007, UMNO to teach me and the Indians a lesson never ever again to question the UMNO master (tuan) opted for “Summary Justice” and “put me to sleep” with effect from the 13th day of December 2007. By imprisoning me and the three other Hindraf lawyers without trial for two years and continuing indefinitely thereafter under the draconian Internal Security Act (ISA) at the Kemta maximum Security Prison, Kemunting @ Malaysia ‘s Guantanamo Bay .

ISA originally meant to fight organised violence

The drafter of the ISA the late Professor R.H.Hickling in an interview in the New Sunday Times of 30/7/2006 had said that “the (ISA) Act was only intended against communist insurgents and those bent on your armed struggle Heckling further said that the ISA was being used against people for whom it was not intended” “it was designed to be more limited in it’s scope than it is at the moment”. Organised violence is the key to this preamble, but a lot of people who had nothing to do with organized violence at all were arrested” (and detained under ISA). “ I would want judicial review at all times”. “But the Malaysian Courts almost always” has had the interest of the government alone above everything else” and does not follow the law. ( Internal Security Act ) In short we had been arrested and detained without trial under the ISA in just because I had led/ organised a successful peaceful 100,000 people Hindraf Rally which right is given to me by virtue of Article 10 of the Federal constitution which guarantees the Right to Assemble Peacefully without arms and having championed equality and equal opportunities .

But UMNO follows neither the law nor has any respect for in particular Article 5 ( Liberty of the person ) Articles 8 and 10 of the Federal Constitution. But to justify this our ISA arrest and detention UMNO without any basis at all whatsoever and in a vacuum linked us to the LTTE terrorist organisation. But our hundreds of letters, memorandums etc running into thousands of pages and addressed to the Malaysian authorities proves our peaceful, lawful, constitutional, legitimate and non violent struggle. (A simple Google search would reveal all these assertions).Terrorists use the butt of their guns and not the nip of their pens. When I filed an RM 100 million civil suit against Attorney General, Inspector General and the UMNO controlled Malaysian government for this LTTE link, allegation, without even having the guts to file in their Statement of Defence and outliving their evidence of our alleged LTTE links, have applied to strike out my civil suit. Based on many almost similar cases these authorities usually succeed before the Malaysian Courts. How else then do I clear my name with having links with the LTTE ?

“Ethnic Cleansing”

Having picked up more and more courage gradually over the years, in the year 2001 I had taken up my struggle to a higher level by championing the cause of Kampong Medan “ethnic cleansing” case where the Indians were specifically targeted, slashed and killed for fifteen days in a row with effect from the 8th day of March 2001 to the 23rd day of March 2001 Five Indians were mercilessly killed and about 100 others were inflicted with grievous bodily injuries. This is the worst case of Human Rights violations in the history of Malaysia but like almost all other injustices concerning the Indians in this country this tragedy received the least attention even by the Malaysian opposition parties, almost all NGOs’, civil society and the print and electronic media and not in accordance with it’s gravity and seriousness. This “ethnic cleansing” exposure to the British Prime Minister Gordon Brown and the Commonwealth Heads of Government Meeting in Harare on the 24th day of November 2007 and the other of UMNO’S atrocities especially against the Indians found anger in UMNO and thus this malicious and vindictive criminal prosecution for sedition before the Kuala Lumpur Sessions Court today. This sedition prosecution is politically motivated and UMNO has no shame about it.

Death in Police Custody – Approximately 90% Indians

In 2003, the incidences of death / killings in police custody shot up to about one in every two weeks. The instances of police shooting dead mere suspects shot up to about 1.3 persons every week. Based on the latest count it is estimated that up to about 90% (60% in 2003 as per our Memorandum to the Police Royal Commission dated 4/3/04) of the Malaysian victims there to are the Indians with the latest killing in their police custody being that of A.Kugan (22).The Attorney General after the Indians public pressure has unprecedentedly acknowledged and classified as a murder case. The record otherwise stands that there has been zero prosecution of even a single police man for murder in a killing in a police lock up case pursuant to section 302 of the Penal Code. But the criminal police in Kugan’s case are still on the loose on desk jobs. They have not been detained and locked up like any other murder suspect? Why? Is Malaysia a Police State or are the police above the law mindset allowed to Prevail.

The new PKR Selangor State Government revealed at the Selangor state Assembly on 29/10/08 that from 2004 to 2007, 96 Hindu temples had been demolished in the state of Selangor alone (Tamil Nesan 30/10/08 page 2). From this we estimate that an average one Hindu temple is being demolished in Malaysia every week. The segregation of the Indians from the national mainstream development of Malaysia and the denial of equal opportunities thereto on a day to day basis right from the Development Programmes for the hardcore poor to kindergardens, Tamil schools, skills training institutions, fully residential secondary schools, fully residential science colleges institutions of Higher Learning, Universities, scholarships, job opportunities in the public and private sectors, banks and government agency business loan, business opportunities, licenses, permits, and right up to the multimillion and billion Ringgit Malaysia worth of government projects and mega projects and contracts. All the above collectively if not the Kampong Medan tragedy on it’s own alone amounts to “ethnic cleansing”

Double Jeopardy

But having already punished me with fourteen months of imprisonment also for the aforesaid “ethnic cleansing” allegations as per the charges laid out in my ISA charge sheet , I am now being subject to double jeopardy by this continued criminal prosecution before this court today. I am in the dock today for having championed the aforesaid Indian minority and human rights concerns which in UMNOs’ Malaysia conveniently and politically motivated and for their continued political survival has been classified as a crime, a threat to National Security and public order warranting our imprisonment under the ISA without trial and without the due process of the law.

“Boot Camp” for judges

What justice can I expect from the Malaysian Courts when the most senior of the 48 High Court Judges were sent to the “boot camp” with selected judges and judicial officers “to indoctrinate” those attending to hold the view that the governments’ interest was “ more important than all else when we are considering our judgments (NST 11-6-08 at Page 6). This said High Court Judge has since resigned shortly thereafter. Be that as it may I would expect this sessions court to allow me to tender and to refer without obstruction also from the Deputy Public Prosecutor the hundreds of the aforesaid letters, memorandums, gory photographs of the “ethnic cleansing” etc running into thousands of pages.. Justice must not only be done but must manifestly and undoubtedly be seen to be done.

Only Seven Political Detainees under Pak Lah’s Regime

Throughout Abdullah Badawi’s five year term as Prime Minister the only political detainees imprisoned under the ISA has been Sin Chew Daily’s Tan, DAP Member of Parliament Teresa Kok and blogger Raja Petra Kamaruddin besides the four HINDRAF lawyers of up to seventeen years standing as legal practitioners. However because of the socio political and public pressure on UMNO and the courts, Tan was released within eighteen hours, Teresa Kok within five days both by UMNOs’ Home Minister. Raja Petra Kamaruddin was set free by the Shah Alam High Court within fifty-five days. But when comes to the Indian HINDRAF lawyers cum ISA political prisoners, a different set of rule applies. These HINDRAF lawyers have been detained for about fourteen (14) months now but neither the Home Minister nor the courts have set us free as was done to Tan, Teresa Kok and Raja Petra.

The political reality is because of the strong Chinese and Malay public and political pressure, UMNO and the Malaysian Courts may have set free Tan, Teresa Kok and Raja Petra because they belong to majority and economically powerful community who would have some bearing on their communities vis a vis, the political landscape of Malaysia and UMNOs’ continued political survival. But when it concerned the Indian HINDRAF lawyers the very same public and political pressure on UMNO or the courts have no or very little bearing because the Indians in Malaysia are a politically and economically weak and insignificant community. Even the only Chinese non political ISA detainee was “abruptly” and “prematurely” released early last month just before the Kuala Terengganu by elections to fish Chinese votes and to do damage control after ex ISA detainees Teresa Kok, Raja Petra and Hishamuddin Rais’ Campaign in Kula Terengganu. On my part I have made three (3) Habeas Corpus applications before three High Court Judges and one appeal to the Supreme Court but to no avail. When justice is not seen to be done to even lawyers, what justice can the common man expect?

Silent heart attack and deteriorating health

Throughout these fourteen (14) months of my imprisonment under the ISA my health condition has deteriorated. Sometime on or about January 2008 I believe I had suffered a silent heart attack at a time when I was denied my diabetic medication. The Specialist Consultant Physician and all the other doctors who had attended to me when I was admitted to the Taiping General Hospital in January 2008 had not disclosed to me my heart condition that was hypo kinetic after an ECG examination was conducted. My blood test had also revealed an excessive level of keystones which could have triggered a heart attack. It was only during my second admission at the Taiping General Hospital in April 2008 that this hypo kinetic condition was “leaked” to me by another sympathetic hospital personnel.

I urgently need specialist Cardiac care and attention from a reputable Hospital but the UMNO Government deliberately deny me despite an emotional plea by my mother to the Prime Minister at his offices in Putrajaya. In prison I have contracted two kinds of skin diseases namely allergy and idiopathic gutted hypomelanosis. My pre existing diabetes and after having been a diabetic patient for about fourteen years and which had got worse with sugar being added to my food from time to time and diabetic diet not served to me right up to this day despite having lodged numerous formal, verbal and written complaints to the Kemta Prison Directors, Home Minister and even the ISA Advisory Board.

I have also been diagnosed as a high blood pressure patient. Having been forced to sleep on a one inch thin foam mattress on a cement floor, I have developed arthritis in both my knees and lumbar spondalysis to my backbone. This lumber spondalysis condition was also never disclosed to me by the Orthopedic Surgeon and I had only learnt of the same when I was perusing an Affidavit of the Consultant Physician. I believe my eye sight may also have been affected because of my worsening diabetic condition. My request to be examined by an eye specialist was denied. When this matter attracted media attention, the Malaysian Human Rights Commission (Suhakam) conducted a so called “Inquiry” at Kemta Prison. The relevant government hospital Specialist, Director, doctors, prison personnel, police special branch and just about everyone else was interviewed except myself.

An Indian Suhakam Commissioner was hurriedly dispatched by UMNO to call for a press conference and cleared the Taiping General Hospital , prison and police special branch of any wrongdoings. This is how Justice and Human Rights is upheld in Malaysia – without giving me a hearing!. In the last two months (the latest is) corn having developed on both my leg toes. The tip of my right leg toe has lost it’s sense of touch. Which I suspect may be the beginning of a possible diabetic gangrene which can lead to a leg amputation. My gums are also infected and swollen, being consistent with worsening diabetes.

Independence of government hospital compromised

The aforesaid difficulties with the Taiping government general hospital Specialists and doctors is I believe because of the police special branch and the prison authorities’ interference and having caused the independence of these medical doctors and specialists to be compromised. I have applied for my medical reports, medical notes, and medical test results from the Taiping General Hospital the Prison authorities and the Home Minister. They all have refused to furnish me the same and neither was the same exhibited in the High Court proceedings that.

I had filed and despite me specially challenging for the same to be exhibited. This government hospital and police collusion experiences I have seen happening to my clients in my eighteen years of legal practice especially so in the scores of death/ killing in police custody cases, shooting, dead by police and other police beating up and torture cases that I have attended to. But little did I realise that I myself would become a victim one day! The latest example is that of A. Kugan (22) whose post mortem report did a Taiping general hospital style cover up for the police by stating the cause of Kugan’s death as lung congestion when even the Attorney General subsequently under public pressure had reclassified the case as murder based on the very badly bruised body of Kugan which was exposed by the people power Hindraf Makkal Sakthi forces to the media and on the internet. They had succeed in beating the police before they could do a full scale police cover up. Thus the Inspector General of police and the UMNO Home Minister’s anger.

Prison protest – refusing medical treatment

As a mark of protest and in furthertherance also of my struggle against the interference with and compromising the government hospital doctors and specialist in my case and scores of previous cases like Kugen, I had with effect from July 2008 to date refused to be treated by any of these government hospital doctors and specialist whose professionalism I would have no reason to doubt had I been treated by them in a non prisoner to doctor capacity. I am prepared for the worst and as matter of principle. I was mentally prepared when I started this struggle and remain as strong as ever because I believe in justice. When these doctors and specialist had refused to exhibit their medical and specialist reports, medical notes, and tests thereto I had created a doubt. But even the learned High Court Judge did not give me the benefit of at least this doubt and had refused to set me free on medical grounds at least if not judicial grounds which would have enabled me to receive independent medical treatment overseas. Independent Judiciary!

No regrets – and the struggle continues.

But I have no regrets in this my struggle for equality, equal opportunities, equal justice and towards a non racial and religious discriminatory Malaysia especially so for the ethnic minority Malaysian Indian community who are suffering from the worst forms of atrocities under the UMNO controlled Malaysian government regime. I am aware that UMNO can imprison me as long as they like, in fact technically for the whole of my natural life if they want to. But irrespective of my imprisonment the HINDRAF people power Makkal Sakthi struggle for justice, peace and equality and equal opportunities and prosperity mutual respect, co-existence and dignity will go on under the leadership of HINDRAF chairman P. Waytha Moorthy. I am delighted to note that the Hindraf people power Makkal Sakthi forces are no longer frightened of UMNO, their police force, army, Attorney General UMNO abusing the Malaysian Judiciary for their continued political survival. The latest case in point is the struggle for justice for A.Kugan which is Res Ipsa loquteor (the facts speak for itself). I have no regrets in this my HINDRAF people power Makkal Sakthi struggle. As a lawyer in particular, I stand for justice, fair play and equity.

Appeal to Court

Wherefore in the circumstances, I hereby pray that: -

1) The sedition charges against me be dismissed on the grounds of the same being groundless
further to section 173 (g) of the Criminal Procedure Code.

2) I, Uthayakumar S/O Ponnusamy hereby be set free by virtue of the courts inherent jurisdiction.

3) Such other reliefs deemed fit by this Honorable Court.

Thank you

Uthayakumar Ponnusamy – 3/2/2009

Letter from Uthaya ( Tamil version)

Letter from Amer Hamzah Arshad on Perak issue.


The real question on Perak — Amer Hamzah Arshad FEB 7 — Historically, before the existence of Malaysia, the Malay states fell into the hands of the imperialists due to greed and power. It was about the power struggle amongst the royalty which eventually led to the colonisation of the states.Pre-Merdeka, with the emergence of the insurgencies by the left, a "deal" was struck among the capitalists, the royalty, the royalists and the imperialists with the sole purpose of maintaining and guarding "their" positions and influence in Malaya.

The collateral outcome of the "deal" was the independence of Malaya. It was a decision motivated by the need to protect and safeguard the vested interests of these actors. It was not about the rakyat. It has never been!
Fast forward 52 years after independence, we see how the same actors have again colluded to stage a modern day "coup" in the state of Perak. Again, this was not done in the interests of the rakyat. Those who have heard about the true colours and the personality/ies of the various decision-maker(s) will not be surprised by the recent decision(s).Ultimately, one important question that needs to be answered is "what's in it for me?". That was the question that Pakatan Rakyat could not answer.No doubt there are several legal and moral issues that have arisen from the Perak fiasco. But the real issue that irks the rakyat is the fact that the capitalists and the royalty have robbed the state government from the rakyat.
Regarding the legality of the Sultan's decision to call for the resignation of the menteri besar, I am prepared to say that the decision is wrong in law. Based on the Perak Constitution, the MB does not hold office at the pleasure of the Sultan.The only way the MB goes is by way of a no-confidence motion in the State Legislative Assembly.
The Sultan cannot just ask MB to vacate his office.
Article 16(6) of the Perak Constitution states that:If the Menteri Besar ceases to command the confidence of the majority of the members of the Legislative Assembly, then, unless at his request His Royal Highness dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council.The question then is: who decides whether the MB ceases to command the confidence of the majority of the members of the State Legislative Assembly? Should it be the Sultan or the State Legislative Assembly?
How and where should such issues be decided?The answers to these questions are obvious. Matters of grave importance that affect the interests of the state should be decided in the hall of the State Legislative Assembly, NOT along the corridors or halls of the palace.The next question then is: who holds the majority at the State Legislative Assembly?To answer this question, one must first ascertain the status of the three so-called "independent" members who have tendered their resignations.
There is a dispute in relation to their status as members of the State Legislative Assembly. Their views therefore should not be taken into account until their status have been definitely resolved.Against this background, how can anyone say that the Barisan Nasional commands the majority?Some have replied saying that since the Election Commission did not recognise the resignation letters of the three "independent" members, therefore they are still members of the State Legislative Assembly.
This throws up the further question whether the EC has the power and jurisdiction to adjudicate on the status of the resignations.From the legal perspective, the EC has exceeded its jurisdiction. There is nothing under the Election Commission Act 1957 and the Elections Act 1958 that confers power to the EC to adjudicate on such matters. Consequently, the EC's decision on this matter is ultra vires and is of no effect. Unless the decision by the speaker to declare the seats vacant is set aside or overturned by a court of law, the EC must accept the decision of the speaker.
However, we have witnessed how the EC has facilitated the "coup" by disregarding the speaker's decision.Leaving aside the legal questions — on desirability — in view that the current political scenario in Perak is fragile and uncertain, coupled with the fact that there is no guarantee there will not be any further and sudden defections that may affect the composition of the State Legislative Assembly, the best decision to make is to have dissolved the State Legislative Assembly.Unfortunately, wisdom may not be the virtue of some.Who will benefit from this episode? The "decision-makers"?
Those who "orchestrated" the situation?Unless the question of "what's in it for me?" is fully answered, then no one will receive the truth.The state of Perak was robbed by the capitalists and the monarchy.The fate of the state should not lie in the hands of allegedly corrupted politicians and a Sultan. It should be in the hands of the rakyat!
Let the people of Perak decide the fate of their state through fresh elections.For the record, I am not a monarchist or a royalist. I have little admiration for slogans such as "Daulat Tuanku" and the related "mumbo-jumbo".
Some may say that this article and the fact that I am doubting the wisdom of the Sultan of Perak may be construed as an act of "derhaka" (disloyalty). As far as I am concerned the issue of "menderhaka" does not arise.And my reply is "derhaka terhadap siapa?" Can I "derhaka" towards an institution that I don't believe in?
Can I "derhaka" towards an institution that ignores the will of the rakyat?

It is apt for us to be reminded of what Hang Jebat once said:"Jangan! Jangan sembah aku. Aku bukan gila disembah. Aku bukan sebagai Sultan Melaka yang mengagung-agungkan pangkat dan kebesarannya. Aku Jebat, rakyat biasa. Pangkat aku untuk kepentingan rakyat. Bergerak aku untuk membuat jasa kepada rakyat, dan aku rela mati untuk rakyat.. kerana aku mahu keadilan, keadilan. Keadilan!"

The time is ripe for a revolution.
So are you game?
Salam revolusi! —

AFP- Malaysia should face grilling at UN Human Right Review

M'sia should face grilling at UN review: HRW

Feb 10, 09 6:19pm

Malaysia should face a grilling over the abuse of migrants and the jailing of political opponents when its seat on the UN Human Rights Council is reviewed this week, a watchdog said today.

"A long, hard look at Malaysia's performance on fundamental human rights, including its detention practices, is in order," said Elaine Pearson, deputy Asia director at New York-based Human Rights Watch.

"Countries should call Malaysia to account for failing to address abuses against migrants and refugees, and for its continuing use of preventative detention," she said in a statement.

Civil society groups have seized on Wednesday's review in Geneva, which is mandatory every four years, to highlight Malaysia's alleged abuses and its draconian colonial-era internal security laws.
The Internal Security Act (ISA) provides for detention without trial for renewable two-year periods, and has been used against suspected terrorists as well as government critics.
"Malaysia uses the pretext of national security to invoke the ISA and lock up critics and political opponents indefinitely," Pearson said.

"UN member states should challenge Malaysia to repeal the ISA, and either to charge or to free all those currently detained under its provisions."
Human Rights Watch said it noted that last year the nation's top blogger, a newspaper journalist and an opposition politician were all detained under the law and later released.

And in 2007 five leaders of an ethnic Indian rights group were arrested after organising unprecedented anti-government protests. They remain in detention in a camp in Kamunting.
Malaysia is also accused of mistreating the millions of foreign workers who live here, as well as asylum seekers, including thousands from military-run Burma.

Human Rights Watch singled out an infamous government-backed volunteer force known as Rela which it accused of beating, threatening and extorting money from migrants and asylum-seekers.


Saturday, February 7, 2009

An observation from a doctor on Kugan's death

I like to thank Mr.Poobalan for his wonderful posting of the video clip taken in the mortuary . After watching that clip I had a restless night and could not sleep the whole night . Adding to that horror I had to company my wife in watching the Horror movie in Star Movies last night . Driving to my other clinic in butterworth this morning , the whole event kept running in my mind .
As a Surgical Medical officer , I have done many post mortems. I had assisted in doing post mortem in murder cases too. The post mortem always gives a clue on what caused the death and the estimated time of death based on the rigor mortis that has set in .
As a student in medical college I have always been fascinated in Forensic Medicine . Looking at Kugan's dead body and the wounds inflicted on him gives a very good clue on what the probable cause of death would be . The most clearest indication of the cause of death is the froth seen coming out of his mouth . Death due to asphyxia ( suffocation ) .The video clip must have been taken before the post mortem . I did not see any mid line insertion on the chest and abdomen . This is my assertion from what we call as external post-mortem . Based on my experience , I did my own external post-mortem from the video clips and the photos that I have received . I wish there was a closer picture of the wound . I managed to zoom in to enlarge the picture to get a better view. We usually start the external post-mortems from top to down but in this case I like to take it from the bottom . First of all , Lets look at the legs . You will notice that below both the knees , the colour was darker then the thigh . That is due to pooling of blood in the lower limbs . At the time of his death the blood did not have a chance to return back to the heart . When a person dies in a lying down position on his back , you will notice this pooling of blood on the dependent sides of the back . In this case it was noticed on his lower limbs . My assumption here is that he had died on a sitting position or was lying down with his feet hanging down . The blood did not have time to return back to the heart . Moving up to the back . There is a huge bruising at the hypochondriac areas of both sides of his abdomen( near the kidney ) . This bruising is caused by the rupture of the capillary veins and arteries , which is probably due to repeated punching or kicking on the area . The wounds on the back are not so fresh . In certain areas , there are granulation tissue showing healing . This are injuries inflicted probably 2 to 3 days prior to his death . The wounds is most probably caused by a blunt object tearing into the skin due to pressure . Probably he was made to lie down on some rough surface and dragged on it .. Moving to the chest . There are some amount of bruises on the chest indicating trauma to the chest . The chest wall appear sunken in . He probably has couple of rib fractures . Post mortem of the chest will confirm . Next interesting thing clearly noticed was the abrasion on the neck with a semi circle bruise . This is probably due to strangulation on the neck probably with a rope which cause the abrasion . The abrasion and the bruise is position exactly on the cricoids cartilage . Probably the force would have caused the cartilage to break . The face did not have any gross deformities . There was not Raccoons eyes ( Black Eye ). He was probably slapped but not punched on his face . The absence of the Raccoons eyes indicates that there was no serious injurious to the head .There was no bleeding from the ears which also rules out any head injuries. What interest me most is the blood oozing out of the mouth and the with froth . The blood is fresh appears as if it was cough out . The blood is most probably is from the tracheal injury . That would have caused choking . The choking had triggered bronchospasm causing his air passages to constrict and difficulty to breath . The froth is not blood stained . That shows there was no injury to lung tissue . Froth is usually seen in death due to asphyxia . Another thing , when there is a tracheal injury, when a person drinks a cold water , the water moves down into the trachea instead of the oesophagus causing vaso vagal inhibition and thus causing broncho spasm.. Fluid accumulation in the lung also explains the white froth . Overall I can see the body is already in Rigor Mortis . The Rigor Mortis takes place after 6 hours and completes in 12 hours . So at the time the video was taken Kugan was already dead for more than 18 hours . No sign of any active resuscitation is noted . His body was most probably discovered after he had died .
The cause of death is due to asphyxia but most definitely not due to asthma.
Historically, law enforcement officials were rarely if ever held to account ... Today, despite increased legal safeguards, law enforcement officers who flout them can still enjoy effective impunity when they are alleged to have abused or even unlawfully killed victims .
Racist Law officers are always brutal and most brutal officers are always racist.
The opinion expressed above is not of an expert opinion of a Forensic Specialist . It was based on the observation and the knowledge of medicine . The opinion is not based on being prejudice towards the Police .
I hope someone from MI Club can provide me further details of the death and what was the post mortem report . Does anybody have the statistics of lock up death in Malaysia..
Kugan , was just a car thief . A waste in the society . Probably a drug addict and a disgrace to our community . Some might say that he deserved to die . If he was caught by the public and beaten to death, the public would have not made so much noise . Some said it was his karma . He had to die a violent death due to his violent life style . Whatever said or done , a human is a human . No human has the right to take another mans life . No matter how cruel a man is , or no matter how gruesome a mans crime is , we have the Law . That separates us from those who live in the jungle . The Law was created not only to protected the innocent but to deliver justice . No man has the right to take the Law himself . The Law punishes the criminal based on the crime committed . Even when a person is sentenced to death by hanging is based on the crime committed and the intention to committed the crime .
There have been deaths in the lock up before . This death got the public attention because we had the chance to see the dead body – for some , they were there and others thru internet . This has become possible because of the growing unity in the community . Kugan's death is an eye opener for everyone . The community should realise that this should not be happening in Malaysia . A prisoner has his rights and we have to know them . Why was Kugan questioned without the presence of a Lawyer . His should have had a Lawyer present to advise him . I hope anybody who is a lawyer will explain regarding the rights of an individual when he is arrested .
The community today is very upset with what they have seen recently with Kugan's death . Are we going to prevent such incident from occurring or prevent others from sharing the same fate as Kugan or are we going to join hands in preventing those unfortunate from becoming someone like Kugan . Who are we going to blame . Is the Government responsible for depriving our community the basic education ? Are the responsible for the increase in poverty among our community . Why our great leaders chosen by us , in the last 30 years have not done anything to elevate our misery and instead are busy elevating their assets. Are we to be blamed for electing the wrong leaders ? Do we blame Kugan's parents for their failure to nurture the son to be a good citizen ?
Kugan is not a hero . He is a thief . His death is of no loss to the society . He is no saint to be made a statue . However he is part of us . He represented our failure and represented our suffering . His death should bring about a greater unity among our community . For the sake of our future we should thrive forward to prevent another soul from taking an early departure . We have to educated the next generation in order to prevent another Kugan from appearing . Let Kugan's death be lesson to all of us and let Kugan be the Ghost of our past . Let us thrive to build unity and prosperity in our community for the sake of our future generation .
What happen to Kugan was a sad event . Whether it was his choice to chose the wrong path or was it the society that drove him to chose the wrong path only he could have answered but those who were responsible for his early departure although they were eager to solve the case had no right to torture another human being ..
My sympathy is to the family who has to live with this traumatic experience for the rest of their life . All we can do is to pray to God to forgive Kugan for his crime for he has paid his due dearly by undergoing a tremendous torture and eventually with his life . As for our community the Ghost of Kugan will remain to haunt us to constantly remind us of our suffering while our elected leaders sleep peacefully dreaming about their bank balance getting bigger .
Justice Not Served

Video of Uthaya a custodial abuse by Malaysian Police

Case Sedition Act - Letter to Gordon Brown inregards of Discreamination & Marginalization Malaysian Minority Indian by UMNO Govt.

Uthaya leg was swollen and toe fractured when he was brought from Kemunting Detention Camp "BLINDFOLDED" Uthayakumar is a victim of custodial abuse!

And please register/vote the group at facebook 1,000.000 People wants Malaysian Govt, Release 4 HINDRAF Lawyers from ISA

Letter to PR Leader on A.Kugan's death from Naragan

A number of things have been happening in the course of the last weekor so that has raised some very fundamental questions.
The death ofKugan – there are so many questions, there are moral questions, thereare political questions and there are just plain questions.

1) The first and fundamental question of "Is any killing acceptable?"
2) Who has the right to kill?
3) Is some killing more OK than others?
4) Is Police killing different than criminal's killing?
5) Is it OK to kill by law enforcers on the hint of lawbreaking?
6) Why do some people take such a defensive view of Kugan's killing?
7) Why do others higher up back them up?
8) Why is it so difficult to hold the police responsible for this killing?

It was so easy to charge the 60+ poor Indians on the 25th ofNov for the unbailable offence of murder for no other reason thanbeing at Batu Caves on that day.
9) Why are the majority of the Leading Malaysian public figureskeeping quiet on this outrageous murder?
10) Why are only Hindraf, the Indian leaders of the opposition andsome conscientious bloggers taking serious offence with this murder?.
11) Is this really a Malaysian issue or is it only an Indian issue?

People say, it is a Malaysian issue but behave as if it is an Indianissue.
All these questions produce a very strong stench of something terriblywrong with processes in our society – a stinking stench.

I don't knowif you all can get it, but I get it and it is very strong and it isvery unbearable on top of everything else that is going on.
Like so many other issues, will this issue also meet the same fate – alot of noise and very little or no action.
I feel very angry and bitter, that this is a very likely outcome. And this is absolutely notright. If there are right thinking people ( I mean just people, notMalay, Chinese or Indian, just people) then I think it is time thatthese people speak up and make this episode to be the trigger tocompletely stop all police killings in the country.

If it is a truly Malaysian Issue then the PR members of Parliament,not Manickavasagam or Manoharan or Sivarasa should raise the issue inParliament and push for the implementation of the IPCMC. I do not even attempt to call on the BN members to do the same, because that isutterly useless. If I am to be wrong on this count, then let us seesome of them support the motion if the PR members bring it up inParliament.

But even before any of that I have this doubt. Can the Pakatan Rakyator should I say will the Pakatan Rakyat Coalition take this up as anissue and really do something or will they calculate the politicalbenefit in this before they will act.

Will they just leave it as a fewstatements to the press at the heat of the moment to appear supportiveand then nothing more. This will be their behaviour if it isinterpreted by them as an Indian issue rather than as a National issue.

Will the PR leaders truly lead?

We will wait and see.

Why no action taken on Police on Kugan's death- WMP

The late Kugan was murdered on January 20, 2009, and it has been 13 days and yet all the authorities could state is "it is under investigation". Is the PDRM under their UMNO led masters taking us Malaysians for a fool as an enslaved nation? The late Kugan was murdered (in custody) under the protection of the government that we elect to administer and adhere to the Rule of Law to protect every Malaysian.

HINDRAF is baffled and concerned with the level of competency of the Royal Police Force, the Attorney General's Office and its inherent objectives to uphold justice, fairness and equality under the Federal Constitution for each one of us.

HINDRAF is concerned that the UMNO led government continuous activities through its agents undermines and erodes the Rule of Law and Justice will lead it to be a Police State for the peaceful Malaysian society. The UMNO led government is accelerating its process of becoming a police state with constant arbitrary decision against the public's will, human right violations that are permitted, rationalized by their spinmasters and justified.

The late Kugan's case is just one example of the miscarriage of justice that prevails under the UMNO led government. Are they the trying to sweep this under the carpet and put it to rest? HINDRAF calls upon the public as we, the People Power to take all necessary action and pressure our elected representative in Parliament and the State assembly to uphold the Rule of Law, Justice and Democracy that it is entrenched in our constitution to safeguard the individual right and the direction of the country for our future generations or are we going to live and condone to another cover up?.

The misuse and abuse of power by the UMNO led government has propelled to a "dangerous and alarming" level that it effects each and every Malaysian someway or rather and it is high time, we the public show our dissent and voice out our own actions collectively to save our nation from being a police state without any transparency, accountability for the incompetence administered by the elected representative and their agents for fear and intimidation. HINDRAF calls upon the Inspector General of Police and the Attorney General to stop playing politics and immediately order the arrests and prosecution of the Police murderers as Malaysians can no longer be duped into their antics.

It makes a mockery to our justice system when petty and ordinary citizens are immediately arrested and put on the torture of remand order but when it comes to the turn of the Police who are the obvious criminals, the whole justice system comes to their rescue and protects them. No doubt the Attorney General and the Inspector General of Police are insulting the confidence given to them by the Constitution and the Yang Dipertuan Agong.

P. Waytha Moorthy
Chairman HINDRAF
from Banglore.