Friday, October 9, 2009

PKR Selangor government refuses to grant proper land for Indian cattle farmers

Statement (No.49) to the Govenment of Malaysia for which we expect a reply:

PKR Selangor government refuses to grant proper land for Indian cattle farmers. The land given is too rocky and hilly (NST 07/10/09 at page 23). It is about two years since the Selangor state government is governed by PKR and PR but hundreds of deserving Indian farmers, lifestock farmers have been denied land to even earn a decent living. The Selangor Agricultural and Development Corporation and Selangor Land Development Authority has thus far given almost zero land schemes to the Indians in Selangor under even the PKR/PR led state government. Just like how UMNO had denied hundreds of thousands of deserving Indians land in their Felda, Felcra, Risda, Fama and Agropolitan land schemes. By doing this UMNO has excluded these deserving Indians from the national mainstream development of Malaysia. These Indians especially the plantation workers are 52 years behind time or remain in almost the same state as they were during the British colonial days. How then is this PKR, DAP and PAS state government any different from the UMNO government which has for 52 years excluded the working class Indians form the national mainstream development of Selangor vis a vis Malaysia.

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Bangsar Shan kidnapped by UMNO police UTK (suspected) Zero reply from Home Minister Hishamuddin

Statement (No.48) to the Government of Malaysia for which we expect a reply:

Bangsar Shan kidnapped by UMNO police UTK (suspected) Zero reply from Home Minister Hishamuddin. Shan was on 29/08/09 at a nursey with his family when he was kidnapped. How can this be allowed to happen in broad daylight in Malaysia. Three police reports have been lodged thus far. Even an official legal letter to Home Minister dated 02/09/09 has not been replied to even after 5 weeks the letter was sent to him. UMNO does not care. The crime rate in Malaysia has passed the alarming rate and is now In the critical rate. We need a new Inspector General of police and also a new Attorney General for Malaysia who can effect a corrupt free and crime free police force. Because what happened to Bangsar Shan can happen to any one of us. We are living in fear on a day to day basis especially when many of the police personnell themselves are suspected to be involved in crime or work hand in glove with criminals. (P. Uthayakumar).

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Wednesday, October 7, 2009

Waytha: I did not take any money

It certainly looks an increaingly lawless country, our country - Four more Indians murdered by Malaysian police in Kulim .

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HUMAN RIGHTS PARTY (HRP)
NO.6, Jalan Abdullah,

Off Jalan Bangsar,

59000 Kuala Lumpur,

Malaysia
Tel: 03-2282 5241

Fax: 03-2282 5245

Website: www.humanrightspartymalaysia.com

Media Statement (6th October 2009)

RE: 1) Four (4) Indians murdered by Malaysian police in Kulim yesterday
(4 “robbers” killed in shoot-out- NST 06/10/09 at page 12).
Prosecute police for murder.
2) Two Indians charged with killing one policemen.
3) But the 21 suspected policemen who killed A. Kugan in a
police lock-up were never prosecuted for murder by UMNO’s
Attorney General and Inspector General of Police.

1) Four (4) Indians were shot dead and murdered by the Malaysian police in Kulim yesterday. Why is it almost always that it is the Indians who are shot dead by the Malaysian police. We have official statistics of 1.3 persons being murdered by the police every week (The Star 11/05/1999) and about 60% of the victims thereto are Indians. The Kedah Police Chief Datuk Syed Ismail Syed Azlan said they were involved in “41 robbery cases”.

There are over one hundred thousand (100,000) policemen employed in Malaysia who could have easily captured these Indians alive. We also once again question why the police did not capture these Indians alive and prosecute them in a Court of law (if necessary) which is the due process of the law anyway. The law presumes a man innocent until proven guilty.

This is just the tip of iceberg of police victimization of in particular the Indians in Malaysia by either being brutally shot dead in cold blood, beaten up and tortured in police lock-ups, killed in police lock ups or thrown into jails and all this done with impunity.

2) To the contrary two Indians were charged with killing one policeman (The Star 6/10/09 at page N28- labourers charged with killing cop). “In Johor Bharu two odd job workers were charged with the murder of a policeman. S. Velo, 30 and S. Thavasilan, 21 were charged at the Magistrate’s Court with murdering constable C.Selva on 17th September 2009. Their offence was classified under Section 302 of the Penel Code”.

3) A. Kugan was tortured and beaten to death according to the second post-mortem report by Pathologist Dr. Prasanth of University Hospital. There were 21 police personnel who have had contact with A. Kugan while in detention but they were not prosecuted for murder by UMNO’s. Attorney General (AG) and Inspector General of police (IGP). We question the double standards practiced by the AG and IGP as opposed to A. Kugan’s case.

We demand that the 21 police personnel who had contact with A. Kugan similarly and by the same standards as in item 2 herein above be forthwith prosecuted under Section 302 of the Panel Code for the murder of A. Kugan.

We hereby protest this latest cold blooded police murder and call upon the Prime Minister, Home Minister, Attorney General and the Inspector General of police to similary as in item 2 hereinabove prosecute the responsible policemen for murder under Section 302 of the Penal Code.

Thank you.

Your faithfully,

____________________
S.Jayathas
Information Chief (HRP-Pro tem)
(H/P No : 012-636 2287)
HRP/06/10/09/r

C.C. 1) YAB. Dato Seri Najib Razak
Prime Minister of Malaysia,
Block Utama Bangunan Perdana
Putra,
Pusat Pentadbiran Kerajaan
Persekutuan,
62502

Fax : 03-8888 3444
E-Mail: najib@pmo.gov.my

2) Y.B Dato Seri Hishamuddin Hussein
Home Minister,
Aras 12 Block D 1,
Complex Kerajaan Fasa D,
Pusat Pentadbiran Kerajaan Persekutuan,
62546 Putrajaya.
Fax : 03-8888 4913
E-Mail: hishamuddin@moha.gov.my

Tuesday, October 6, 2009

Waytha: I'm ready to face charges

Did Hishamuddin Hussein and Syed Hamid Albar lie about Waythamoorthy's passport? The complete Story from "The Malaysain Heart"


SAD FAREWELL: A picture of Waythamoorthy and his daughter, taken after their breakfast in Singapore,
before he departed for UK yesterday (photo and caption from this Malay Mail report datelined 28/9/09)


One of the standard responses of Umno/BN to any people's power movement that they find threatening, is to to impugn the movements motives and cast aspersions on the honour and credibility of its leaders via lies and propaganda. The Hindraf phenomenon have been (and still are) treated the same: they have been called terrorists, traitors, embezzlers and so on by our government and its mouthpieces. One such smear was the attempt to paint Hindraf leader P. Waythamoorthy, who is in exile in the UK, as a dishonest man who exiled himself just to enjoy a comfortable life in London living on Hindraf's money. Part of that smear is the lie that Waythamoorthy had willingly surrendered his passport to the Malaysian High Commission in London, and lied about it having been revoked by the Malaysian authorities.

These are the news articles that reported what Syed Hamid Albar (the former home minister) and Hishamuddin Hussein (the present one), said:
These are some of the specific things they said:

Hishamuddin showing a copy of Waythamoorthy's passport to the media (photo from here).
Hishamuddin has said the following:
Reported here: "Dia sendiri yang datang serahkan dan bukan kita yang pergi rampas. Bahkan paspot itu masih lagi sah digunakan dan di dalam simpan pejabat Pesuruhjaya Tinggi kita di London," and added, "Beliau sewajarnya berhenti dari menuduh kita macam-macam...beliau boleh ke pejabat kita (Pesuruhjaya Tinggi Malaysia) untuk ambil paspot yang dipulangkan oleh beliau sendiri itu pada bila-bila masa. Mungkin beliau merasa malu sendiri" .
Reported here: “Yes, he was the one who surrendered the passport,” he [Hishamuddin] confirmed. He added that Waythamoorthy should stop claiming that the government is stopping him from getting his passport. “Why should we apologise to him? Would you? Of course, not,” he said. Hishammuddin also added that Waythamoorthy could be too ashamed to go and get his passport because he had surrendered the document himself. “Maybe he received a better offer at that moment, he felt that the grass is always greener on the other side but when he went to the other side, he felt that it was not worth it. "Maybe he was ashamed because he himself surrendered the passport. That is why he claimed that we did not allow him to have his passport,” he said.."


Syed Hamid Albar (photo from here)
Syed Hamid has said the following (reported here):
"In other words, the Malaysian government has never made any cancellation to the mentioned travel document," said Home Minister Syed Hamid Albar Syed Hamid in a statement today.
On 3 October 2009, Waytha's wife Mrs. Shanti, his brother P. Uthayakumar and lawyer N. Surendran held a press conference at Hindraf's office where they (again) presented evidence to prove that Malaysian authorities had informed the British authorities that Waythamoorthy's passport had been cancelled, and had requested them to impound and return it to the Malaysian authorities.

Here is the letter they gave reporters, which you can download in pdf format from the link below:

I reproduce here the 4 questions asked by Waytha's lawyers, and the answers received from the UK Border Agency:
1. The precise date when the British Embassy in Kuala Lumpur was notified of the cancellation?
A: The letter from the Malaysian authorities to the High Commission was dated 14 March 2008.

2. Which Malaysian authority notified the British Embassy (was it, for example, the Immigration authorities, Foreign Office or Home Ministry, or any other department)?
A: l can confirm that the Home Office does hold information that is relevant to this part of your request. However, we have decided not to communicate this information to you in accordance with the exemption under Section 27 (2) of the Freedom of Information (FOl) A[ct] 2000, which covers confidential information obtained from a State other than the United Kingdom or from an international organisation or international court. I have explained more about this exemption below.

3. Whether any particular reason was given for the said cancellation
A: The passport was cancelled as the Malaysian authorities were seeking your client’s arre[st] to face criminal charges.

4. When was the request made by the issuing authority for the return of the passport and was there any reason given for this request?
A: A request was made by the Malaysian authorities for the return of your client’s passport on 2 July 2008 no reason was given for why they wanted the passport returned to them, Malaysian passports are of the property of the issuing authority and not of the individual holder and therefore this is why we intend to return the passport to them.
Based on this and other evidence, we can draw a timeline of events surrounding the issue of Waytha's passport. I have emphasised our minister's statements in bold:
  • 25 November 2007 - Hindraf rally in KL
  • 28 November 2007 - Waythamoorthy leaves Malaysia to avoid possible detention under the Internal Security Act and to obtain international support for HINDRAF's cause. He goes to India, then to London.
  • 13 December 2007 - Uthayakumar and 4 others detained under ISA
  • 14 March 2008 - British High Commision in KL receives letter from Malaysian authorities, informing them that Waytha's passport had been cancelled because the Malaysian authorities were seeking Waytha's arrest to face criminal charges
  • 17 April 2008 - Waytha goes to Geneva to brief the United Nations High Commissioner’s office on Human Rights
  • 19 April 2008 - Waytha moorthy returned to London from Geneva (where he had ), but was and informed that the Malaysian government had revoked his passport, and therefore refused entry at Gatwick airport. Waytha asked the British authorities to seek a confirmation with the Malaysian government that my passport was, indeed, being revoked. Waytha spent 2 days at Gatwick.
  • 21 April 2008 - UK Border Agency British immigration confirmed that Waytha's passport was revoked by the Malaysian government, and they (UK Border Agency) impounded his passport upon the Malaysian authorities' request. It was only then that Waytha decided to seek political asylum, which was duly given by the British authorities.
  • 26 May 2008 - Malaysian Insider article: Syed Hamid: Hindraf chief's passport never revoked
  • 2 July 2008 - Malaysian authorities requested the British authorities (in writing) for the return of Waytha's passport to them.
  • 22 October 2008 - Bernama article: Hindraf Leader P. Waytha Moorthy's Passport Was Never Revoked: Syed Hamid
What are we to make of this? It seems to me that either the UK Border Agency is lying, or our ministers are. It's sad that some Malaysians have swallowed whole the disinformation and lies of Umno/BN, and parrot them in the online discussions and comments sections without question.

Sincerely,
Malaysian Heart

P.S. The only news organisations (which I could find) had reported the press conference were:
Malaysiakini: Proof of lies, claims Waytha's lawyer
Malaysian Insider: Uthayakumar claims proof Hishammuddin lied

What happened to the others? What's the point of paying them RM 1.50 or RM 1.20 every day if they choose not to report the news that matters?

Sunday, October 4, 2009

Indian issues: BN, Pakatan the same - Malaysiakini

Human Rights Party supremo P Uthayakumar has accused both Barisan Nasional and Pakatan Rakyat of lacking the political will and determination to help poor Indians.

"Both treat Indians as insignificant. Both are virtually a lame duck vis-à-vis Indian issues," said the Hindraf leader and former Internal Security Act detainee.

He said Pakatan state governments could have resolved half of the Indian problems by allocating lands for Tamil schools, Indian settlements, Hindu crematoriums and temples.

NONEHe brushed aside arguments by Pakatan leaders that the state governments were new to administrative politics, alleging that "they were quick to demolish Indian establishments, settlements and structures within a short period, but slow in fixing them."

Citing the Kampung Buah Pala fiaso in Penang as one of the examples, Uthayakumar said although PKR and PAS were not directly involved, "both parties watched silently while the DAP government executed the village's destruction."

He said the argument that Pakatan was new to administration does not hold water since the coalition, when ruling Perak, was quick to set aside land for Orang Asli, Malays and Chinese for their settlements, farms, temples and schools.

"But none for the Indians," he said, adding that the Kedah, Selangor and Penang governments practiced the same policies.

Boycott by-election

Inspired by Hindraf, Uthayakumar said Indians voted for change in the last general election hoping that Pakatan would provide the change they desired to end their predicament.

However, he said Indians felt shortchanged now, thus Hindraf had been put in a quandary because the community was now questioning the movement's strong electoral backing for Pakatan last year.

Uthayakumar said this was reason why his party has called on Indian voters in Bagan Pinang to boycott the by-election on Oct 11.

The by-election would see a straight fight between the BN's Mohd Isa Abdul Samad, who is also former Negeri Sembilan menteri besar, and Zulkefly Mohamad Omar, the Negeri Sembilan PAS commissioner.

Uthayakumar said HRP and Hindraf would never back the Umno-dominated BN but felt obliged to call on Indians not to vote for Pakatan as well.

"We want to send a message to both blocks that they cannot take Indian voters for granted - wooing therm during elections but abandoning them after that.

"We will explain our stand to the Indian voters in Bagan Pinang. It's up to them to accept or reject our arguments," he added.

Uthayakumar claims proof Hishammuddin lied

By Syed Jaymal Zahiid - The Malaysian Insider

Hishammuddin claimed that Waythamoorthy had surrendered his passport to the Malaysian High Commission.

KUALA LUMPUR, Oct 3 — Human Rights Party leader P. Uthayakumar claims he has proof that Home Minister Datuk Seri Hishammuddin Hussein had blatantly lied about the status of Hindu Rights Action Force (Hindraf) founder P. Waythamoorthy’s passport.

Uthayakumar, who is the elder brother of the self-exiled Hindraf leader, claimed to have a copy of a letter sent by the UK Border Agency indicating that Waythamoorthy’s passport had been confiscated by the British government following instructions from the Malaysian authorities.

Hishammuddin had said in a press conference on Sept 30 that Waythamoorthy had “surrendered his passport” to the Malaysian High Commission and refuted claims that the government was victimising the Hindraf leader by revoking his travel documents.

The letter, allegedly documented evidence of correspondence with the British immigration authorities dated Sept 23, stated that the Malaysian government had sent a letter dated March 14, 2008 to its High Commission instructing the confiscation of Waythamoorthy’s passport.

“The passport was cancelled as the Malaysian authorities were seeking your client’s (Waythamoorthy’s) arrest to face criminal charges,” the letter stated further.

No information was given as to which ministry or department had instructed the confiscation.

Copies of the letter were distributed to the media during a press conference held at the party’s office here today.

“The letter contradicts the statement made by the minister. He and Umno are liars and they have been doing that to the people for 52 years now,” said Uthayakumar.

Hindraf lawyer, N. Surendran, who was also present at the press conference, said the letter was of grave seriousness.

“This is a serious incident between the two countries if the government was really telling the truth about Waythamoorthy’s passport.”

“Why would the British government confiscate his passport without any reason? I don’t believe they would go as far as lying about this,” he added.

Proof of lies, claims Waytha's lawyer

Proof of lies, claims Waytha's lawyer

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Saturday, October 3, 2009

Press Conference: Proof of lies, claims Waytha's lawyer







Press Conference: Proof of lies, claims Waytha's lawyer


Proof of lies, claims Waytha's lawyer - Malaysiakini

Lawyer N Surendran has provided a letter which purportedly shows that the British Home Office received instructions from the Malaysian government to return Hindraf leader P Waythamoorthy's passport.

NONE"Waythamoorthy's (left) passport was returned to the Malaysian government upon their request," said Surendran, who is representing the Hindraf leader.

Referring to a letter from the UK Border Agency, Surendran said the Malaysian government had revoked the Hindraf leader's passport on April 21, 2008 and therefore he was refused exit and detained for two days at Gatwick airport.

His passport was seized by the British immigration and handed over to the Malaysian authorities.

Home Minister Hishammuddin Hussein had said on Oct 1 that Waythamoorthy's passport was never cancelled nor confiscated, and that it was kept at the Malaysian embassy in Britain.

Apology sought from Hisham

P Uthayakumar, elder brother of Waythamoorthy and Hindraf legal adviser, has demanded both the current and former home ministers to apologise for "lying about the status of his passport".

waytha passport pc uthayakumar and coWaythamoorthy left for London two years ago to flee from being allegedly detained under the ISA.

The Hindraf leader has continued with his activism in London for what he calls 'the marginalised Indian community.'

He has been granted political asylum in Britian and currently travels on a British document which does not allow him to return to Malaysia.

waytha passport pc wife shantiWaythamoorthy's wife, Shanti (left), who was also present at the press conference, said the separation with her husband had deprived her young daughter of her father.

An emotional Shanti said that her "husband has committed no crime and I am very proud of him for standing up for the Indian community."

"We call on the government to give an explanation to the lies perpetrated by His

Court orders cops to show seized Kugan material

By Neville Spykerman - The Malaysian Insider

PETALING JAYA, Oct 2 –The High Court here today ordered police to produce toxicology samples of A. Kugan, who died in police custody, before the magistrate's court next Friday.

The samples were seized by police from the University Malaya Medical Centre on April 6 when they raided the office of the pathologist who had conducted the second post-mortem on the 22-year-old who died on Jan 20.

High Court Judge Datin Yeoh Wee Siam ruled that the search was legal but the police should have produced the samples before a magistrate.

Yeoh said the magistrate on Friday will decide what should be done with the samples and if Kugan's family should keep them.

On May 28 N. Indra, Kugan’s mother, filed an application to compel the police to return all items, documents, tissue samples and bodily fluids which were seized from UMMC pathology department, on April 6.

Kugan died on Jan 20, after five days in police custody. He had been arrested in connection with a string of luxury car thefts.

Following his death, 11 policemen from the Taipan USJ police station was transferred to desk duty but yesterday only a single constable, V.Navindran was charged for causing grievous hurt to Kugan.

Lawyers acting for Kugan’s family told reports that the samples which was taken by the second pathologist was more crucial now, more than ever, because it may proof that Kugan was actually murdered.

They had argued that the samples should not have been seized in the first place and there is no reason for the Government to keep them.

N.Surendran said they been fighting hard get the samples back so it can be sent to chemist in Australia for analysis.

“The decision by the High Court today, was neither a victory or a loss.”

He added that samples rightfully belong to the family who initiated the second post-mortem and had nothing to do with the police case.

Surendran also lashed out at the Attorney-General (AG) for further “tormenting” Kugan’s family by charging only one suspect and even that, not for murder.

According to him, the AG had also used the family’s court applications to get the samples return as an excuse to explain why it took nine months to charge the suspect.

“This is absurd, he instructed for the samples to be seized in the first place and now he blames the family for causing the delay.”

He added the AG’s claim that the delay was also because of an ongoing probe by Malaysia Medical Council (MMC) into Kugan’s death, was not true.

The MMC inquiry is not about Kugan’s death, he said, but into the professional misconduct of the doctor who carried out the first post-mortem.

“I should know, because I was the one who lodged the complaint with MMC,” he said.

The first post-mortem at the Serdang Hospital indicated Kugan died due to water in his lungs but a second one which was carried out by UMMC revealed he suffered massive injuries and this led to concerns of an attempted cover up.

“The AG is just giving excuses but this is obvious.”

Lawyer M. Manogaran, who is also representing Kugan’s family described the Government’s reluctance to return the samples as “disturbing”.

“We believe the samples may prove he was actually murdered,” said Manoharan, who is also Teluk Intan MP.

Letter from the Hindu American Foundation to Anwar Ibrahim

The letter from HAF..

Honorable Dato' Seri Anwar Ibrahim
Opposition Leader and Former Deputy Prime Minister of Malaysia

Dear Mr. Anwar Ibrahim,
Malaysia has already been a country of particular concern for our Foundation in light of the numerous Hindu temple destructions, custodial battles in Shariah courts involving at least one Hindu parent, the arrest and persecution of Hindu-Malaysian leaders, and Bumiputra laws that discriminate against the minority communities.
More recently, we wrote to Ambassador Karuppannan to protest the vulgar, religiously provocative, and racially incendiary act by a Muslim-Malaysian mob demanding that the government rescind the orders for relocating
the Sri Mariamman temple in Section 23 of Shah Alam. The countenance by local police of Muslim provocative acts is added cause for alarm in a country that is already facing volatile racial and religious issues. We are gravely concerned about the law and order situation in the country, and the state's unwillingness to firmly clamp down on the religious bigotry of the Muslim majority. Such tensions only bring about a greater sense of insecurity amongst the Hindu residents.
The Hindu American Foundation is pleased to have noted your concern about the “Arabisation” of Malaysia. Therefore, we hope that you will pressure the Malaysian government and Malaysia’s state and local officials to do
more to protect the rights of Hindu Malaysians and to ensure that Hindu temples will not be desecrated or destroyed. We also urge you to do more to ensure full equality for all Malaysians by ending discrimination in the
allocation of public funds and land for places of worship between Muslim and minority religious groups.

We also urge you to work for repeal of the Internal Security Act and not allow peaceful Hindu protestors to be detained under this repressive Act.
Our Foundation has made the following recommendations to the U.S. and British governments and human rights groups:

1) Religious freedom should be allowed and encouraged for ethnic Malays and the minority religious populations in the country.

2) Religious minorities should not be forced to deal with the country’s Islamic Sharia’s courts.

3) The United States, United Nations, the international community, and human rights groups should pressure the Malaysian government to protect Hindu temples from desecration and destruction. Hindu places of worship that existed prior to independence should be designated as temple property and title to
the land should be handed to the respective temple trustees/committees as has been done for preindependence era mosques.

4) The Malaysian Government should be urged to not discriminate in the allocation of public funds and land for places of worship between Muslim and minority religious groups.

5) The Internal Security Act must be repealed and Hindu leaders prosecuted under the repressive Act should be immediately released.

The Hindu American Foundation (HAF) is an advocacy group providing a progressive voice for over two million Hindu Americans. The Foundation interacts with and educates leaders in public policy, academia,media and the public at large about Hinduism and global issues concerning Hindus, such as religious
liberty, the portrayal of Hinduism, hate speech, hate crimes and human rights. By promoting the Hindu and American ideals of understanding, tolerance and pluralism, HAF stands firmly against hate, discrimination,defamation and terror. The Hindu American Foundation is not affiliated with any religious or political
organizations or entities. HAF seeks to serve Hindu Americans across all sampradayas (Hindu religious traditions).

I would be pleased to meet further to discuss the issues concerning our Foundation and other human rights groups about Malaysia and to hear your views.

Sincerely,
Mihir Meghani, M.D.
President and member of the Board of Directors,
The Hindu American Foundation

Defence counsel says no indication from A-G’s Chambers that others would be charged

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Indra : Still traumatised by her son’s death

CONSTABLE Navindran Vivekanandan claimed trial to causing grievous hurt to detainee A. Kugan when he was charged in the Petaling Jaya Sessions Court yesterday.

Navindran, 28, pleaded not guilty to two principal charges of causing grievous hurt to Kugan to extort a confession from him or any information which may lead to the detection of an offence or misconduct, at the interrogation room of the D9 office of the Taipan police station, USJ Subang Jaya, at 7am and 4pm on Jan 16.

He also pleaded not guilty to two alternative charges of causing hurt to Kugan at the same place and time.

The main charges carry a maximum 10-year jail term and the alternative charges seven years’ jail upon conviction.

Both also carry the liability of a fine. Deputy public prosecutor Idham Abd Ghani asked the court to set bail at RM10,000 with one surety for all the charges, saying that these were serious charges and the case had received wide media coverage.

surendren

Surendran : Delay should not be blamed on the family

Defence counsel Datuk Salehuddin Saidin, however, said media coverage was not a factor for consideration and asked that bail be set at RM1,000 as Navindran had cooperated with the police and also had a wife and children to look after.

Judge Aslam Zainuddin allowed bail of RM10,000 with one surety and fixed Nov 5 for mention.

Salehudin told reporters that so far there was no indication from the Attorney- General’s Chambers that others would be charged in connection with the case.

Meanwhile, Kugan’s mother is disappointed that the police constable is not being charged with the murder of her son. N. Indra, who spoke to Malay Mail yesterday, was in tears, saying that this was an injustice.

“The whole of Malaysia knows that there was more than one person involved in beating up my son and yet it takes so long for them to identify the people and then only charge one of them for causing hurt when it’s also known that my son died because of their doing,” she said.

Attorney-General Tan Sri Abdul Gani Patail, in a statement on Wednesday, said the policeman would be charged with voluntarily causing grievous hurt to extort a confession from Kugan.

The 23-year-old died on Jan 20 after five days in police custody at the USJ police station lock-up to assist
police in investigations into luxury car thefts.

Indra said as a mother she was still traumatised by her son’s death and all she wanted was justice.

“Everything is before our eyes. The policeman who was charged was even offered bail for such a crime and my son was not even given a chance. What is going on?”

Kugan’s family lawyer N. Surendran, when contacted, disagreed with Gani’s explanation in the media statement on why Navindran could not be charged with murder.

“The reason given by the A-G is that there is no evidence that Kugan suffered an instant death. Instead,
he died four days after the alleged beating. Therefore, there was a wide gap in-between and a charge of murder could not be preferred against the suspect. We refute that claim completely,” he said.

He also refuted the claim by the A-G that referred to the findings of the medical report where it did not show that the deceased died due to the injuries suffered by him, but was the result of acute myocarditis, a viral infection of the heart.

Surendran said the second post-mortem report, which showed the severity of the beatings that led to cellbreakdown, which in turn led to kidney failure, could have easily led to the arrest of the policemen involved.

Surendran added that the A-G’s claim for the delay in pressing charges was caused by the family was “absolutely untrue”.

“Being aware that the family was looking forward to sending the samples to Australia for further examination, why was there a need to order the police to seize the samples?” he asked.

Surendran said the delay should not be blamed on the family but on the A-G’s Chambers for seizing the samples for a toxicology report to be carried out to find out if any poison was administered.

He said the A-G’s Chambers was well aware that the samples were to be sent to Australia. - Malay Mail