Suspects in Kugan’s death remain free

Manikavasagam called the move to charge those involved in Kugan’s death now a ploy to pacify the Indian community.

The long wait for justice for the family of A. Kugan, who died while in police custody in January, did not end today as the suspects were not charged as widely expected.

His two uncles, who arrived at the magistrates’ court here at 8am in anticipation of seeing the suspects being finally charged, left the courtroom disappointed.

“Of course we are upset, we all work and had to take time off to come here,” said Kugan’s uncle V. Raviroy.

He said they have all been kept in the dark about the case and any information was through the lawyers and the media.

The press yesterday reported those responsible for the death would be charged today or within the week.

A total of 11 rank and file policemen had been transferred to desk duty at the Selangor police headquarters, following his death on Jan 20.

Lawyer M. Manoharan, who is acting for Kugan’s family, described the eight month delay in the case as a “sandiwara” or drama. He accused the Attorney-General (AG) and police of double standards.

“If it had been anyone else, including Pakatan Rakyat (PR) lawmakers, they would have been charged in full view of the media,” the Kota Alam Shah assemblyman said.

Manoharan said he was surprised to read the headlines in the press today, which indicated a single “cop” would be charged.

“What about the others and the investigating officer?” he asked.

“I am also here to ensure the suspects are charged with murder; anything else would be unacceptable to the family,” said Manoharan.

Kugan’s mother N. Indra, who works as a hotel housekeeper, also wanted to be in court today but her employers had threatened to sack her if she took any more leave.

“This case has dragged on for too long and she has exhausted all her leave trying to push for justice for her son,” said Manoharan.

Kapar MP S. Manikavasagam told reporters that he intends to hand a memorandum to the Yang di-Pertuan Agong on Oct 10 over Kugan and other death in custody cases.

He said the first attempt last Saturday was aborted after police intervened.

He pointed out that Kugan’s case was not the first and added that there were others cases of death in custody where no inquest had been carried out.

He said all the suspects in the case should be charged with murder, which carries the death penalty, and added the Inspector-General of Police (IGP) should be sacked if those involved are only charged with what he described as a “petty offence”.

Police initially said there was no foul play in Kugan’s death, which was attributed to water in his lungs according to a first post mortem.

Following public outcry, the case was investigated as a murder and a second post mortem, which was conducted on the insistence of his family, detailed numerous injuries on his body.

However, his family now fears the suspects would be charged for voluntarily causing hurt to extort a confession, where those convicted face a seven year maximum jail sentence or fine.

The 22-year-old Kugan was detained to aid investigations into luxury car thefts, at the USJ Police station in Subang, before he died in the lockup.
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His death caused wide spread resentment within the Indian community and called into question police interrogation methods.

Manikavasagam said he believed the move to charge those involved in Kugan’s death now is a ploy to pacify the Indian community, who make up 19 per cent of the voters in the up-coming Bagan Pinang by-election.

“I will definitely raise Kugan’s death as well as the recent cow-head protest by residents of Section 23 Shah Alam.

“I will also raise the issue in the next parliamentary sitting and will ask the minister why no one has been charged after eight months,” he added.

He also said Kugan’s family is also planning to file a civil suit against the AG, IGP and others whom they are holding responsible for the young man’s death.

MI
29/09/09

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