The Malaysian Medical Council (MMC) has postponed its investigation into the death-in-custody of A Kugan, because of its probe involving the pathologist who carried out the first post-mortem.
Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz said this in a written reply to Tian Chua (PKR-Batu).
He said the MMC is first investigating Dr Abdul Karim Tajuddin of the Serdang Hospital.
Mohd Nazri said the MMC investigation was initially scheduled to start on June 19.
He also said the attorney-general (AG) is waiting to compile all the necessary statements without any “omission” in relation to investigation of the suspects.
“This includes the investigation papers from the MMC.... after he (the AG) receives everything, he will make the decision on whether or not to prosecute,” said Nazri.
Tian Chua, however, lashed back, accusing the government of delaying the case.
“Whether or not they are investigating the pathologist. Whether he breached his ethics or trust of the people is not the issue and it is not our problem, it is the government's...
"My question is on the status of the case and when they are going to proceed with the prosecution of the suspects. This means they are not seriously investigating a crime that happened in custody."
Subang PKR MP R Sivarasa said there is no need for the prosecution to wait for MMC to finish with its inquiry on the pathologist.
“When you assault a person and you are reckless about it, even without the intent of hurting the person, you could be charged with murder,” he added.
Public outcry
Abdul Karim, in his post-mortem report, had concluded that Kugan, 23, had died of “fluid accumulation” in his lungs.
However, relatives identifying his body at the hospital had claimed there were bruises and lacerations on the torso and legs.
There was public outcry when Malaysiakini highlighted Kugan's death on Jan 20. He had been held by USJ-Taipan police on suspicion of involvement in a luxury car-theft syndicate.
Amidst the outrage over what was perceived to be an extreme case of torture, AG Abdul Gani Patail classified the case as murder.
In January, it was reported that nine police officers from the Subang Jaya police district CID department could be charged in court and slapped with a lesser charge instead of murder (Section 302 of the Penal Code), which carries the death penalty.
The dissatisfied family sent Kugan's body for a private post-mortem at the Universiti Malaya Medical Centre where pathologist Dr Prashant N Sambekar attributed the cause of death to acute renal failure from rhabdomyolysis.
However, on April 6, police seized the forensics samples from Prashant’s office, which prevented toxicology tests from being carried out in Australia as planned.
Malaysiakini
25/06/09
Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz said this in a written reply to Tian Chua (PKR-Batu).
He said the MMC is first investigating Dr Abdul Karim Tajuddin of the Serdang Hospital.
Mohd Nazri said the MMC investigation was initially scheduled to start on June 19.
He also said the attorney-general (AG) is waiting to compile all the necessary statements without any “omission” in relation to investigation of the suspects.
“This includes the investigation papers from the MMC.... after he (the AG) receives everything, he will make the decision on whether or not to prosecute,” said Nazri.
Tian Chua, however, lashed back, accusing the government of delaying the case.
“Whether or not they are investigating the pathologist. Whether he breached his ethics or trust of the people is not the issue and it is not our problem, it is the government's...
"My question is on the status of the case and when they are going to proceed with the prosecution of the suspects. This means they are not seriously investigating a crime that happened in custody."
Subang PKR MP R Sivarasa said there is no need for the prosecution to wait for MMC to finish with its inquiry on the pathologist.
“When you assault a person and you are reckless about it, even without the intent of hurting the person, you could be charged with murder,” he added.
Public outcry
Abdul Karim, in his post-mortem report, had concluded that Kugan, 23, had died of “fluid accumulation” in his lungs.
However, relatives identifying his body at the hospital had claimed there were bruises and lacerations on the torso and legs.
There was public outcry when Malaysiakini highlighted Kugan's death on Jan 20. He had been held by USJ-Taipan police on suspicion of involvement in a luxury car-theft syndicate.
Amidst the outrage over what was perceived to be an extreme case of torture, AG Abdul Gani Patail classified the case as murder.
In January, it was reported that nine police officers from the Subang Jaya police district CID department could be charged in court and slapped with a lesser charge instead of murder (Section 302 of the Penal Code), which carries the death penalty.
The dissatisfied family sent Kugan's body for a private post-mortem at the Universiti Malaya Medical Centre where pathologist Dr Prashant N Sambekar attributed the cause of death to acute renal failure from rhabdomyolysis.
However, on April 6, police seized the forensics samples from Prashant’s office, which prevented toxicology tests from being carried out in Australia as planned.
Malaysiakini
25/06/09
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