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Tuesday, July 9, 2013

IPCMC needed to end 'horror custody', says judge


Setting up an Independent Police Complaints and Misconduct Commission (IPCMC) to investigate claims of disciplinary offences by the police to eliminate accusations of “horror stories” in lock-ups has to be urgently considered, High Court judge VT Singham says.

Singham said the IPCMC, as recommended by the royal commission for police reforms, should be set up as soon as possible because members of the public and family members of victims involved had little confidence in investigations carried out by the police.

NONESingham, who retired recently, says this in his 128-page written judgment on the negligence suit filed against the government and the police by N Indra (right), the mother of death-in-police custody victim N Kugan.
In his judgment, which was made available today, Singham said the recommendation for police reforms should not be kept in ‘cold storage’ so that the time and money spent on the setting up of the royal commission and production of the report would bring greater good for the society.

“The power to investigate allegations against police officers, particularly custodial torture or death, must be exercised with great care, caution and circumspection...” he said.
Kugan, arrested on suspicion of being a car thief, died in police custody in January 2009. 

Singham said the setting up of IPCMC was necessary because of the sharp rise in custodial violence, torture and death in police custody so that it could be incorporated as a law.
Justification for urgency to protect the arrested

He said there was also the justification for urgency to protect the interests of arrested persons who were taken into police custody.

Police officers, being custodians of the law and public safety, should protect detainees and not abuse their statutory powers, he added.

If there was an abuse of power by a certain police officer and if his unlawful act was not checked and the law failed to apprehend them, the belief by such police officers that no harm could be caused to them by any authority would forever be reinforced.

This could lead to the people to lose faith in the prevailing law, as well as the enforcing machinery, Singham added.

NONE“Custodial death should not become the rule of the day. It is a heinous crime perpetrated by the custodians of law. If custodians of the law themselves indulged in committing such crimes then no part of the society is safe and secured,” he said.

He said if police officers became law-breakers, it would breed contempt of law and encourage lawlessness.

“In fact, it is desirable, as well as in the interest of justice, to entrust the entire investigations whenever there are incidents of custodial deaths or torture in police custody or other abuse of powers by police officers to an independent agency,” he added.

Indra, won her negligence suit against the government and the police on June 26, after the court allowed her claim.

Singham awarded her RM851,700 in damages for assault and battery, false imprisonment, misfeasance, pain and suffering after finding that the plaintiff had established her claim against the defendants.

The court also ordered inspector-general of police Khalid Abu Bakar (who was the Selangor police chief then), former police constable V Navindran, former Subang Jaya police chief ACP Zainal Rashid Abu Bakar (now deceased), the inspector-general of police and the government to pay RM50,000 for costs.
Glaring contradictions among defence witnesses

In his ruling, Singham said he found several glaring material contradictions between Khalid and other defence witnesses in respect of the investigation into the death of Kugan.

He also held that Khalid was liable for misfeasance in the case.

On Jan 13 last year, Indra filed the suit seeking RM100 million in damages and named Khalid, Navindran, Zainal Rashid, the inspector-general of police and the government as first to fifth defendants, respectively.

In her statement of claim, Indra said the defendants had failed to ensure the safety, health and welfare of her son while he was under police detention from Jan 14 to 20, 2009.

Kugan, 22, was detained as a luxury car theft suspect. He was arrested in Puchong on Jan 14, 2009, and held overnight at the Puchong Jaya police lock-up before police obtained a remand order.

He was taken to the Taipan USJ-Subang Jaya police station two days later for questioning and was found dead four days after that.

Navindran was the only one held responsible for Kugan’s death. Last year, he  was convicted and sentenced to three years’ jail.

Bernama 

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