Kugan's family lawyer says the government has not apologised to the Kugan's family although the incident happened in police custody.
The wrongful death suit brought by Kugan’s mother, N Indra, alleges negligence, assault, wrongful imprisonment, misuse of public office, wilful misconduct and and is seeking RM100 million in damages.
The family named Deputy Commissioner of Police Khalid Abu Bakar as first defendant who was the former Selangor police chief when the incident happened, and police constable V Navindran as second defendant who was charged earlier and acquitted.
The third defendant is the late Zainal Rashid Abu Bakar who was with the Subang police station. The suit is against the third defendant’s estate.
The fourth defendant is Inpector-General of Police Ismail Omar and the government as the fifth defendant.
The family’s lawyer, N Surendran, said that the family is filing the suit against the government because nobody was convicted in the Kugan’s criminal trial.
” The government has not apologised to the Kugan’s family although the incident happened in police custody ,” he told reporters.
He also said that the government should sack Khalid who was trying to cover up the case.
Serdang Hospital pathologist Dr Abdul Karim Tajudin had been reprimanded by Malaysian Medical Council for being guilty of professional misconduct in preparing the first autopsy report.
“So, the same kind of action must be taken against Khalid who gave false statement that the deceased died due to water in lungs, despite having full knowledge of the injuries.”
On Jan 14, 2009, Kugan, from Puchong, was arrested to facilitate investigations into a luxury car theft syndicate. Six days later, he was dead.
The police have charged Navindran who faced two counts of causing grievous hurt to Kugan, at the D9 interrogation room at the Taipan police station, Subang Jaya, at 7am on Jan 16, 2009.
The offences carry a maximum 10 years’ jail and a fine on conviction.
However, the constable was discharged and acquitted on Jan 27 last year after the prosecution had failed to establish a prima facie case against him.
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