KUALA LUMPUR: The High Court here today allowed a preliminary objection by the Royal Malaysia Police and dismissed a notice of motion filed by the mother of suspected car thief, A. Kugan, for the return of documents, tissue samples and bodily fluids of her son who died while in police custody
The documents and tissue samples were taken from the office of the head of the pathology department of Universiti Malaya Medical center (UMMC).
Justice Datuk Ghazali Cha said the court agreed with the submissions by deputy public prosecutor Noorin Badaruddin, who represented the police, that the notice filed by N. Indra was more of a civil application in nature.
He held that Indra had failed to state the provision under which the court had jurisdiction to decide on the application.
Ghazali, however, granted leave for Indra to file a new application.
On May 28, Indra filed an application to compel the police to return all items, documents, tissue samples and bodily fluids which were seized from Universiti Malaya Medical Centre on April 6 to its pathology department.
Kugan, 22, was detained by police on Jan 15 this year for alleged car theft but died five days later while in police custody.
Outside the court, Indra's lawyer, N. Surendran, said he would get further instructions from his client whether to appeal against the decision or to file for a new application.
Bernama
04/08/09
mi1: Malaysia clown courts
The documents and tissue samples were taken from the office of the head of the pathology department of Universiti Malaya Medical center (UMMC).
Justice Datuk Ghazali Cha said the court agreed with the submissions by deputy public prosecutor Noorin Badaruddin, who represented the police, that the notice filed by N. Indra was more of a civil application in nature.
He held that Indra had failed to state the provision under which the court had jurisdiction to decide on the application.
Ghazali, however, granted leave for Indra to file a new application.
On May 28, Indra filed an application to compel the police to return all items, documents, tissue samples and bodily fluids which were seized from Universiti Malaya Medical Centre on April 6 to its pathology department.
Kugan, 22, was detained by police on Jan 15 this year for alleged car theft but died five days later while in police custody.
Outside the court, Indra's lawyer, N. Surendran, said he would get further instructions from his client whether to appeal against the decision or to file for a new application.
Bernama
04/08/09
mi1: Malaysia clown courts
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