HIGH COURT JUDGE: ALL FUTURE DEATH IN CUSTODY CASES SHOULD BE INVESTIGATED BY OTHER DISTRICT POLICE

-R.Thevarajan, Right to Justice Coordinator, July 24, 2012.

Y.A. Tuan Hj Kamardin Hashim made this statement on 19th July 2012 at the revision on Gunasegaran a/l Rajasundram inquest at the Kuala Lumpur High Court. Guna died in police custody on the 16th of July 2009, on the same day Teoh Beng Hock’s body was found at the compound of MACC building at Plaza Masalam, Shah Alam. Subsequently, an inquest into the cause of Guna’s death was held, however, Magistrate Siti Shakirah Mohtarudin delivered an open verdict at the end of the inquest.

Guna’s sister, Ganga Gowri had made an application to the High Court for a judicial review on the findings of the coroner’s court.

Unfortunately, on 19th July 2012, Y.A. Tuan Hj Kamardin Hashim affirms the findings of the inquest. The deceased family intends to file an appeal against the High Court decision.

The High Court judge concurred with the coroner’s court findings that the cause of Guna’s death was due to police beating and drug overdose. However, the judge added that investigations conducted by the same district police lack independence and transparency. The judge also suggested that investigations should be conducted by a different district police to ensure an independent and unbiased investigation.
SUARAM supports the statement made by the judge on the need for independence and transparency in regard to investigations. However, our concern is the concept where investigation is based on whereby it is always a case of  the “Police Investigating the Police”. Will this win the trust of the public that the investigations will not be biased? An independent body is needed to investigate the police to ensure the credibility of the outcome.

AGAIN, we reiterate the urgent need for an IPCMC as it provides an independent external mechanism to investigate misconducts of the police and bring justice to victims’ family.

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