Thursday, January 29, 2009

Press Statement – BN backbenchers' show your patriotism to the people.

Press Statement
"BN backbenchers' show your patriotism to the people", request from Waythamoorthy

HINDRAF challenges the non-Indian BN led backbenchers' to show their patriotism towards the people they represent in moving an urgent motion in Parliament to debate the murder of a suspect in Police custody and the blatant attempt to cover up the saga by the top brass of the Royal Police Force. The whole episode is a national issue and not a racial one. It is pointless the Indian Deputy Minister (S.K.Devamany) urging the people not to turn this episode into a racial issue without the active participation of non- Indian Parliamentarians in coming openly to voice out against injustices irrespective of which race is affected.

There is no doubt there will be many fair and level minded non Indian BN backbenchers' who can observe in Kugan's case, that there is clear abuse of Article 5 & Article 8 of the Federal constitution accorded to every citizen of Malaysia irrespective of race, religion, color and following.

A backbencher's allegiance is for the people he/she represents in Malaysia, and here we have substandard implementation of policies and rule of law that are used to shackle the people, yet the UMNO led warlords and its Royal Police Force can continue with their coercive authority against the society's will.

The bullying tactic of the UMNO warlords and its Royal Police Force seems endless against the Malaysian public's plight with their constant disregard of public outcry as they continue to see themselves as above the law of the country with their selective persecution, prosecution and propaganda.

It is about time, the non Indian BN backbenchers' pull up their socks as Kugan's case involves a larger cause for the society rather than an Indian issue as it cuts across the basic fundamental right entrenched in our Federal Constitution for each and every Malaysian citizen.

HINDRAF urges the BN backbenchers to initiate an Emergency Motion at the next Parliamentary session to question the flawed administration of law and justice that is prevailing in this country and call for the immediate implementation of the recommendations of the Royal Commission on Police Force.

Any effort without fear or favor by non Indian BN backbenchers' would at least restore some faith in the flagging trust of the public in Barisan Nasional or BN backbenchers' would rather live in a denial mode in slavery of corruption, nepotism and cronyism alike the UMNO warlords who tramples over every basic human right afforded to each and everyone of us.

Thank you.
P. WaythaMoorthy

Waytha hits out at cops for arresting mourners

Waytha hits out at cops for arresting mourners
Jan 28, 09 4:01pm

The police have been lambasted for arresting five people at the Universiti Malaya Medical Centre before the start of Kugan Ananthan's funeral procession today.Hindraf chairperson P Waythamoorthy said the
arrests revealed police suppression of the people's right to attend public gatherings."The actions of the police clearly show that they behave in a manner above the constitution," he said in a statemen..

Petaling Jaya police chief Arjunaidi Mohamed said the five were arrested while people were gathering to take part in the funeral procession earlier today.He added that three men - including Hindraf coordinator RS Thanendran - were arrested for wearing the Hindraf T-shirt. The government had banned the movement last October.The other two were arrested for attempting to break a police cordon to enter the UMMC mortuary.

Responding to this, Waythamoorthy said that the police action in arresting the five was uncalled for.

'Arrest the cops involved'
It also appeared that the police were being unprofessional in handling this matter, he said, pointing out to the fact that no action has been taken against the 11 police personnel under probe for Kugan's death."The (alleged) murderers of Kugan are let loose on a light desk job," he said.He added that in any normal circumstances, murder suspects would be immediately arrested and a maximum remand order obtained.
This, he said, was usually done to facilitate investigations and to prevent suspects from tampering with evidence and hampering police investigations."However in the Kugan case the police suspects are given a desk job."And the police, the attorney-general and our Home Minister Syed Hamid Albar urge Malaysians to have faith in the system and let the cause of justice prevail," he said.

Waythamoorthy said the police should be arresting those directly involved in the death of Kugan and not those who had come to take part in his funeral procession.Kugan was buried today after his funeral was held back for more than a week following his death on Jan 20.

Waiting for AG's decision
His family had insisted on a second post-mortem to ascertain the cause of his death. The first post-mortem done at the Serdang Hospital stated that he had died as a result of fluid in his lungs.The second post-mortem was done at the UMMC on Sunday. His body was taken in a procession from the hospital to a Hindu cemetery in Puchong this afternoon. More than 400 people took part.Kugan, who was detained on Jan 15 at the Taipan police station in Subang Jaya on suspicion of being involved in the theft of luxury cars in Sungai Chua, Kajang, died while being questioned five days later.

The police have questioned 11 police personnel on their alleged role in Kugan's death, which has been classified as murder by the Attorney General.The AG is expected to make a decision soon if there will be prosecution of any of the police personnel involved.It was reported that the 11 have been transferred to desk duty at the state police headquarters.

Mkini - Report on Kugan Funeral convoy with more than 1000 mourners attended

Funeral: 1000 in 20km convoy, 6 arrested
Malaysiakini Team Jan 28, 09 1:26pm

The scorching afternoon heat and subsequent heavy downpour failed to deter some 500 people from joining a funeral procession behind a golden Mercedes Benz, ferrying the remains of Kugan Ananthan who died in police custody last week.

At about 2pm, the procession left the Universiti Malaya Medical Centre (UMMC) in Petaling Jaya en route to a Hindu cemetery in Puchong, some 20km away.
The crowd walked with the hearse for a short distance before getting into their vehicles and driving in a convoy.

In South Indian tradition, the coffin was carried in a car decorated with banana leaves as the cortege made its way to the police station where Kugan died, and then on to the cemetery for funeral rites and burial.
A second post-mortem was conducted at UMMC on Sunday after the family rejected the findings of the first procedure which stated that Kugan died of fluid accumulation in his lungs.Accompanied by scores of media representatives, including foreign journalists, the procession arrived at the Taipan police station in Subang Jaya - via the LDP highway - some 80 minutes later.

It was here that the 22-year-old youth, whose body was riddled with severe lacerations, had collapsed and died. The crowd, which was joined by another large group, spent about two minutes reciting a prayer and shouting slogans condemning the police for the alleged use of excessive force, before moving on.Some 20 Federal Reserve Unit (FRU) personnel kept a close watch while a police helicopter circled above. However, no untoward incidents were reported at the Taipan police station.
During the funeral procession, another nine FRU vehicles were spotted parked at Dewan Sebarangan Puchong in Batu 14.

The procession reached the cemetery at Kampung Batu 14 in Puchong more than two hours later, bringing traffic to a standstill in several areas along the way while passing motorists honked as a show of support.By then, the crowd had swelled to more than 1,000.
Kugan's remains were eventually buried at about 5.30pm after some rites and prayers.
Six arrested
Earlier this morning, the police had closed all roads leading to UMMC ahead of the funeral procession.

Six people were also arrested, three for wearing a T-shirt of the banned movement Hindraf (Hindu Rights Action Force) and the other two for trying to breach a police barricade to enter the mortuary.Among those arrested was Hindraf coordinator RS Thanenthiran.Inspector-General of Police Musa Hassan later said that the sixth person arrested was a murder suspect.Kugan, who was detained on Jan 15 on suspicion of being involved in the theft of luxury cars died while being questioned five days later.
Selangor police chief Khalid Abu Bakar yesterday issued a stern warning against turning Kugan's funeral into a political rally.According to Kapar MP S Manikavasagam, the Selangor government had paid for the funeral expenses.The other notable politicians present at the funeral included Penang Deputy Chief Minister (2) P Ramasamy, Puchong MP Gobind Singh Deo, Subang MP R Sivarasa, Teluk Intan MP M Manogaran, Seputeh MP Teresa Kok and Sri Andalas state assemblyperson Dr Xavier Jayakumar.
Following a massive public outcry, attorney-general Abdul Gani Patail last Friday reclassified the case as murder and investigations have been completed.
The guilty must be prosecuted
"The funeral today must be the last such case of abuse by police," said Sivarasa.

"The people want justice and the government must ensure that Kugan's death is fully investigated and that those found guilty are really prosecuted and not allowed to get away," he told AFP.
One of those detained, Hindraf coordinator Thanenthiran, told AFP from the police station where he was being held that the arrests were unjustified.

"All we did was come to attend the funeral and pay respects to someone who was abused by police. This clearly shows that the Malaysian government has no respect for its people, especially the Indians," he said by phone.

Peter Selvanayagam, a 38-year-old engineer who attended the funeral along with his wife and three children, was one of those who linked Kugan's death with discrimination against the minority community.
"My family and I are here to show that we will not accept the injustice towards the Indian community. We want the guilty to be prosecuted and not to escape justice," he said.

VIDEO 5 mins

Memo to Msian Cabinet from Hindraf on Kugan's death

No. 135-3-A, Jalan Toman 7,
Kemayan Square,
70200 Seremban, Negeri Sembilan

28 JAN 2009

Prime Minister of Malaysia
Block Utama,
Bangunan Perdana Putra, Email:
Pusat Pentadbiran Kerajaan Persekutuan, Email:
62502 Putrajaya. Tel : 03 8888 8000

Y.A.B.Dato’Sri Haji Mohd.Najib bin Tun Haji Abdul Razak
Deputy Prime Minister
Deputy Chairman
National Implementation Action Body
Aras 4, Blok Barat, Bangunan Perdana Putra,
Pusat Pentadbiran Kerajaan Persekutuan
62502 PUTRAJAYA Fax: 88883983

Re: A. Kugan’s Murder in Police Custody

Cabinet Meeting on 4.1.09 is urged to:-
1. Forthwith Suspend and prosecute the Selangor C.P.O for police cover up of the murder
2. Prosecute Serdang G.H Pathologist and Director for covering up the murder
3. 11 police personnel should be in remand, not on desk duty
4. Prosecute the police criminals for murder under Section 302 of the Penal Code
5. Independent Coroners Department to investigate police crimes
6. Urgent implementation of the IPCMC

We refer to the above

The murder of A. Kugan (22) in police custody brings the spot light yet again to the years of police atrocities in this country. This is just the tip of the iceberg of the decades of police abuse of powers, police brutality, atrocities, murders and most alarmingly the police above the law mindset which they have acquired over the years as part of the Malaysian police culture. This is especially so where it concerns Indian youths which we have been persistently bringing to your good selves attention for over the last seventeen years or so but to no avail. But instead four of our lawyers have been arrested and detained indefinitely at Malaysia’s Guantanamo with effect from 13.12.08

Police Murder
The Tamil Nesan had on their front pages on 21.1.09 reported that A. Kugan who was arrested on 14.1.09 on mere suspicion of being a car thief had suddenly “dropped dead” in the midst of interrogation on 20.1.09. We believe Kugan was beaten up to death in attempt to force him to confess to a crime he had not committed. This is police murder.

Police Cover-up
In the following day’s Tamil Nesan report on 22.1.09, the Chief Police officer (CPO) of Selangor drops the usual police cover-up “bombshell” that Kugan had died of “liquid in his lungs” within six days of having been in police custody and despite the visible and obvious injuries on Kugan’s body, neck, wrist, face and legs. To add insult to injury the Serdang Hospital and especially the Pathologist aid and abets the Selangor CPO by certifying the cause of death as lung congestion which makes hardly any medical sense as Kugan was merely a 22 year old youth and was healthy which even a first year medical student would be able to tell us.

People Power Storms Mortuary
When Kugan’s brutal injuries was splashed on the internet and the media, this CPO in the usual police style tries to divert attention by alleging that the Serdang Hospital mortuary was stormed by a 50 member “mob” who allegedly tampered with Kugan’s body (Tamil Nesan front page 6 on 22.1.09). What the Selangor CPO describes as the “mob” was actually a manifestation of the people power forces upholding justice based on the hundreds of such previous recent cases after which they have lost faith in the Malaysian police and the government hospital axis that had colluded in massive police cover ups of such murders especially over the last seventeen years. Without this people power intervention and their recording of the brutal injuries on Kugan’s dead body the Selangor CPO in collaboration with the Serdang Hospital Director and Pathologist would have wiped out any evidence of police murder as the police and government hospital axis have been doing hand in glove for decades.

Police After Defenders of Justice
To add insult to injury, the CPO now wants to in turn divert attention away from the police murder and wants to investigate the people power forces who succeeded in securing the evidence of police murder.

One “Police Murder” a Day in Lock-ups
The Tamil Nesan editorial on 23.1.09 at page 3 reports the death in police custody figures as revealed in Parliament in 2008 at 1,535 from 2003 to 2007( four years). This works out to about eight deaths in lock-ups every day or at least one death in every day. From our monitoring of newspaper reports and the complaints we receive, about 90% of deaths in police custody cases like Kugan’s case are Indian youths. This in itself is evidence of the hundreds of Indian youths who are abused, beaten up and atrocities committed on them every day around the country and without recourse to justice. They suffer in silence. Why must these Indian youths have to die before they get some attention or some semblance of justice?

Boiling Hot Water Splashed on Police Detainee
Just over three weeks ago on the last day of 2008 while Malaysians were jubilantly enjoying their New Year eve yet another Indian youth, Prabakar was relating his nightmare in police custody of having been beaten up, attempted murder by trying to hang him and finally boiling hot water was splashed on him as part of the interrogation and in forcing him to confess to a crime that he did not commit. Thankfully unlike Kugan, Prabakaran lived to relate his ordeal and show his badly scalded body. Seven junior policemen were prosecuted for the token offence of causing injuries and immediately released on a mere bail of RM5, 000.00.
They were never arrested or remanded in this and thousands of previous such cases as would have been done to any other criminal and thus sending out the wrong signal that the UMNO controlled government gives them “immunity” and acknowledging the “police above the law” special privileges. A senior police ASP and the investigating Officer who was also implicated was let off the hook. Why weren’t these nine policemen prosecuted for attempted murder? After all 31 peaceful Hindraf assemblers cum worshippers on 25.11.07 at Malaysia’s holiest Hindu temple of Batu Caves had been prosecuted for the attempted murder of just one policeman who allegedly suffered from some “dubious” injuries to his head and received “out –patient treatment again at another pro-police government hospital. This is impossible offence known to even a first year law student but which was made possible in Malaysia with compliments of our very learned Attorney General. Worst still they were all denied bail until an appeal was filed at the High Court. Worst still in Kugan’s case the 11 suspected police personnel (murderers) have merely been assigned to desk duties and not arrested and under remand like any other murder suspects. Thus the administration of justice in Malaysia!

Cabinet to Uphold Equal Justice
In the circumstances we hereby call upon your good selves and the Malaysian Cabinet Meeting on the 4th of February 2009 to uphold equal justice and to:-
1. Forthwith arrest, remand and prosecute the criminal policemen for murder under Section 302 of the Penal Code with no bail offered like any other murder accused.
2. Forthwith suspend and allow the Attorney General to prosecute the C.P.O of Selangor for his heading the massive police cover up of the murder by his subordinates.
3. Allow the Attorney General top prosecute the Serdang Hospital Director and Pathologist for aiding and abetting in the police cover up of this murder.
4. The Cabinet directs the Secretary General of the Health Ministry to issue a circular to all government Hospital Directors, Medical officers, Pathologists, Specialists etc of the need to act strictly according to their hypo-crates oath, non compromising with the police, maintaining their independence, to report any attempts of police interference in their duties directly to Parliament, to act without fear or favour of especially the police force and in fact denying and refusing any contact with any police personnel either directly or indirectly. They are to at all time deal directly with the detainee, his next of kin and the patient directly. All examination of a police detainee or deceased must be done out of sight and hearing of the police but can be in the presence of the hospital security and the detainee being handcuffed where necessary.
5. An independent Coroners Department as in the USA and U.K system be set up under the Prime Minister’s Department (Public Complaints Bureau) to take charge of the body of the deceased in police custody cases within one hour of his being pronounced dead and the same in all police shooting dead of suspects cases. Special Coroner’s ambulances are prepared for this task with a post mortem to be conducted by a Pathologist from the Coroner’s Department and with the proper facilities, back up staff and unlimited funding.
6. Urgently implement the IPCMC as was proposed by the Police Royal Commission some four years ago. Kindly ignore the police objections and the excuse that the police force would be demoralized. It is more important to dispel the perception that Malaysia is a police state!

This aforesaid proposal would go a long way in restoring the public confidence in the police force, and administration of law and order and the administration of justice in Malaysia. Above all it would put a stop to the police being above the law mindset.
Our Struggle Continues

For also voicing out among others the aforesaid police atrocities over the last seventeen years, our four legal advisers and lawyers especially P. Uthayakumar had been arrested and detained on nine occasions and also prosecuted. Finally on the 13th arrested P. Uthayakumar was “put to sleep” indefinitely by being detained for two years and indefinitely thereafter at Malaysia’s very own Guantanamo Bay Prison under the draconian ISA.
From behind bars P.Uthayakumar feels vindicated and infact proud that his struggle is continuing at full steam with new and revitalized vigor despite his imprisonment.
UMNO can imprison P.Uthayakumar but UMNO cannot imprison People Power Makkal Sakthi

Kindly revert to us accordingly.
Thank you.

Yours Faithfully,

Waytha Moorthy Ponnusamy

B.Dato-’ Seri Mohamed Nazri Bin Abdul Aziz
Law Minister
Aras 4 Block Barat, Bangunan Perdana Putra
Pusat Pentabiran Kerajaan Persekutuan
62502 Putrajaya. Fax: 88894177

Y.B.Datuk Seri Anwar Ibrahim
Ketua Pembangkang Malaysia,
Parliament Malaysia , Bangunan Parlimen
Jalan Parlimen
50680 Kuala Lumpur

Ministers in the Prime Minister's Department:

Minister: Datuk Amirsham Aziz
Minister: Tan Sri Bernard Giluk Dompok
Minister: Datuk Ahmad Zahid Hamidi
Minister: Datuk Seri Nazri Abdul Aziz

Deputy Ministers Ministers in the Prime Minister's Department:
Deputy Minister: Mr Devamany Krishnasamy
Deputy Minister: Datuk Hassan Malek
Deputy Minister: Datuk Johari Baharum
Deputy Minister: Datuk Dr Mashitah Ibrahim

Ministry of Defence Kementerian Pertahanan
Deputy: Datuk Wira Abu Seman Yusop Jalan Padang Tembak,
50634 Kuala Lumpur
Tel: 03 2071 1333, Fax: 03 2691 7217

Ministry of Home Affairs & Internal Security
Kementerian Dalam Negeri
Minister: Datuk Seri Syed Hamid Syed Jaafar Albar
Deputy: Datuk Chor Chee Heung Deputy:
Senator Wan Ahmad Farid Wan Salleh Blok D1, Parcel D,
Pusat Pentadbiran Kerajaan Persekutuan,
62546 Putrajaya Tel: 03 8886 8000, Fax: 03 8889 1613
Y.Bhg.Tan Sri Abdul Gani Patail
Attorney General of Malaysia
Aras 1-8, Block C3, Parcel C Fax:88889369
Pusat Pentadbiran Kerajaan Persekutuan Email:
62512 Putrajaya

Y.B. Lim Kit Siang
Democratic Action Party
No 24 Jalan 20/9,
Paramount Garden Tel: 03 7957 8022
46300 Petaling Jaya Fax: 03 7957 5718

Y.B. Hadi Awang
PAS President
Parti Islam SeMalaysia
No 318A Jalan Raja Laut, Tel: 03 2692 5000
50350 Kuala Lumpur Fax: 0326938399

Parti Keadilan Rakyat (PKR) (People's Justice Party)
National Justice Party
17, Jalan 16/2,
Petaling Jaya
46350, Selangor, Tel: 03-7956 6444
Malaysia Fax: 03-7956 5444

Parti Sosialis Malaysia (Socialist Party of Malaysia)
Tel/Fax: 03-837 0766 E-mail:

Ketua Pengarah
Biro Pengaduan Awam
Jabatan Perdana Menteri
Aras 6, Blok B1
Pusat Pentadbiran Kerajaan Persekutuan Tel: 03 8888 7777
62502 Putrajaya Fax: 03 8888 3748/03 8888 7778

Tan Sri Abu Talib
Malaysian Human Rights Commission
Tingkat 29, Menara Tun Razak
Jalan Raja Laut
50350 Kuala Lumpur

Ambiga Sreenivasan
Bar Council Malaysia
No.13, 15 & 17, Leboh Pasar Besar
Kuala Lumpur Email:

H.E.William boyd Mccleary
High Commissioner of the United Kingdom to Malaysia
No.185, Jalan Ampang
50450 Kuala Lumpur Fax: +603-21702370

T. Kumar
Advocacy Director
Asia and Pacific Amnesty International USA
600 Pennsylvania Avenue, SE Tel: 202.544.0200 Ext.224
5th Floor, Washington DC 20003 Fax:202.546.7142

Re:Funeral Procession Not a Political Rally.

Press Release.

27 January 2009

Re:Funeral Procession Not a Political Rally.

The statement by the CPO of Selangor Datuk Khalid Abu Bakar concerning the funeral procesion on wed 28 jan 2009 is another abuse of authority by the police calculated to intimidate and dissuade the Malaysian Public from attending the funeral of A.Kugan and to turn the tide of Public Opinion against Police Brutality.

The CPO has a history of distorting and covering up the truth. In this instance he has gone further to demonise the victim and all Malaysians who wish to see him off in his final journey. He fails to see the fact that if the police had acted proffessionaly, there would not have been a funeral in the first place. If the police have a concsience and wish to atone for the sins of their collegues, the least they could do is to ensure the funeral proceeds smoothly without interference by any quarters The government of the day should be sensitive to aggrieved parties and give them the public space to express their legitimate grievances.

Too many deaths in custody have taken place because the culprits have got away scot- free and the public has largely been complacent. In this instance, the public sentiment could well see the implementation of concrete measures to put a stop to such atrocities.

Therefore the public not only have a right but a civic duty to attend the funeral and express their empathy for the family and their indignation at such abuses.

Any attempt by the Police to disrupt the peaceful funeral on whatever pretext would only further erode their credibility and that of the ruling government. Therefore I implore the police to cease and desist from intimidating and provoking peace loving Malaysians who turn up to mourn the death in custody of Kugan.

His family has been put through enough trauma. I wish to emphasise that the Funeral procession tomorrow will be a peaceful and solemn event in accordance with Hindu Rites and Rituals. The public should not be cowed by irresponsible statements made in the name of "public order", lest the death of Kugan be in vain.

Therefore ALL MALAYSIANS irrespective of Race, Religion or Creed are invited to pay their last respects to this young man at 2pm on Wednesday, 28 Jan 2009 at the Mortuary of the University Hospital and onward to the cemetry in 14th mile Puchong Road.

May his soul rest in peace.





A Memorandum of Protest to Inspector General Of Police was hand over regarding the death of Kugan Ananthan in police custody. In the memo stated that there is photograph of the body of police brutality victim Kugan Ananthan has shock Malaysia. There is clear evidence from the horrific marks on the body that the victim was severely and mercilessly beaten while in police custody. Instead of taking immediate action on those police officers involved, the police have commenced a ridiculous investigation on whether family members and relatives had tampered with the body.

This dishonest and transparent attempt by police to divert attention from real issue. The real issue is how Kugan receive those serious injuries his body while in police custody. Now the police have also refused a request by the family for a second post motem examination. If the police have nothing to hide, why refuse a second post mortem? We demand that those police officers involved be sacked and charged for murder.

That the Selangor CPO Datuk Khalid Bakar be sacked from his position for trying to deceive the public that the victim died of breathing difficulties. The the IGP immediately agree to the request of the family of the victim for a second post mortem examination and that there be immediate and comprehensive REFORM of the Malaysian Police force in order to prevent such incidents from recurring.

The Memo was endorsed by:-