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By Debra Chong, The Malaysian Insider

The controversy over the death of a suspect in police custody escalated today after Attorney-General Tan Sri Abdul Gani Patail classified the case as murder.

The announcement in Putrajaya this afternoon by the attorney-general came even as the family of the deceased demanded a second autopsy while dozens of protesters demonstrated outside the Bukit Aman federal police headquarters here today.

Abdul Ghani's decision will go some way to calm growing unhappiness among Indians over what is a being seen as police victimisation and discrimination against the community.

Suspected car thief A Kugan, 22, died five days after being arrested by police in Subang Jaya this week, and his family is claiming he was tortured in a case which has set off an emotional response from an Indian community which has grown suspicious of alleged police victimisation.

Kugan's family was accompanied to Bukit Aman today by Indian politicians from both the Pakatan Rakyat (PR) and the Barisan Nasional (BN), in an indication of growing disenchantment with police handling of the cases involving Indian suspects.

Last week, six policemen were charged in court for causing hurt to another criminal suspect, also from the Indian community.

Photographs of Kugan's body taken by his family who had stormed into a government mortuary after his death showed a number of bruises and cuts, and they have been widely distributed over the Internet, further inflaming the controversy.

While Kugan's family handed over a memorandum addressed to the Inspector-General of Police Tan Sri Musa Hassan demanding a second autopsy, some 50 protesters, mostly Indian, gathered in the carpark outside Bukit Aman.

In Tamil, they chanted "we will fight, we will fight till the end," while holding up banners showing the photographs of Kugan taken at the mortuary.

Opposition Leader Anwar Ibrahim had earlier called for an independent body to be established to investigate the death.

The government will be under pressure now to ensure an independent and credible probe into what happened to ensure the controversy does not spark more friction between the Indian community and the police.

This case could also put the police under pressure to accept the need for widespread reforms.

Comments (38)

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written by Kirdash, January 23, 2009 18:01:00

This is too much to take it anymoe...
Gangsters in uniform terrorising...Serial murderer is at large... I

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written by kkselvam, January 23, 2009 18:01:33

I wonder what that water buffalo Shit Hamid al Blur has to say about this? Atleast AG has a wisdom to charge this case as murder but what Shit Al Bastard Blur going to do to his man in blue especially to that SOB Khalid for lying to the public saying Kuhan died of drowning?
We demand public enquiry in public court! Nothing less!

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written by SocratesI, January 23, 2009 18:01:33

One of the ways to ensure a fair election the next time round is to cut off Barisan Najis' appendages, such as their Pariah DiRaja M'sia. These murderers-in-uniform must be taken to book and made to toe the Rakyat's line, or face the fate of dinosaurs ... Extinction !

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written by ahmadneil, January 23, 2009 18:02:13

This announcement by Gani Patail have reduced some of his tainted image.
Now those responsible must be brought to justice.

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written by ahmadneil, January 23, 2009 18:04:37

IGP,your statement contradict with those of Gani Patail.You say he die becos of water in the lungs but now it's murder.The Indians will hold you accountable for this murder.

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written by ahmadneil, January 23, 2009 18:06:33

We will not rest until this matter is properly investigated and those b*stards are brought to justice.How can they treat human being like animals!

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written by ahmadneil, January 23, 2009 18:08:07

This is a police state and Syed Hamid must prove otherwise.Shame on these police.

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written by kkselvam, January 23, 2009 18:11:40

We demand justice not only for Kuhan but also for numerous indian who had died and those maimed by pariah police of this country.
AG's move to charge Kuhan's death is most welcomed but what we actually want is swift action to be taken by the court of law so that justice is done without any delays and professionally.
Let us see what future holds on this case.

Man!! I am so pissed off.Valge Makkal Shakti!

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written by Jivathma, January 23, 2009 18:11:42

This thing has been going on for years. The Police and the hapless BN government must face the fact that the ecomomy is going to the dumps and crime rate is shooting up. While a need for reform is must both for the Government and Police, I personally have NO sympathy and zero tolerence for theives and thugs who prey on innocent hard working people, no matter how worse the economy is.

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written by ahmadneil, January 23, 2009 18:12:15

Where is your dignity,IGP!This coward act is getting out of hand!You can do better than this.

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written by carribeanking7, January 23, 2009 18:14:16

The IGP should resign, Selangor CPO should resign and an independent panel should be formed headed by the likes of ex defacto law minister Zaid Ibrahim, Justice Komathy Suppiah, Lim Kit Siang and Syed Husin Ali.

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written by AsamLaksa, January 23, 2009 18:15:11

some 50 protesters, mostly Indian, gathered in the carpark outside Bukit Aman

Eh, dia orang to tak ada permit! Nah, polis pergi tangkap dia orang tu depan markas kau! Takut ke? Lebih senang tangkap orang buat vigil damai ke? Polis ni baruah siapa? Dulu bagi mata lebam, sekarang nak main bunuh-bunuh juga?

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written by michaelT, January 23, 2009 18:15:19

At last the AG has come out with message. What has Samy Vellu to say. Is he representing the Indians?? What has the Home minister has to say. Maybe he will say he took his own life like what TDM said that DSAI inflict his own black eye. The investigation has to be quick. The murderer must be charged and sentence to death. What authority has the poilce the right to take the prisoners life. I am sadden that All political parties except PR has not stand up to condemn the murder that was BRUTAL. The PM and DPM are not concerned. Let everyone realise that this may happen to them too. Let us vote out the incorrigible BN. Indians must stay united and remember all the incident from the days of kampong Medan till the recent case. Throw out MIC for good

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written by Tompios, January 23, 2009 18:15:55

Malaysia Indian must fight for your right as Malaysia citizen. Those of you that understand Malaysian-Tamil language will quick to understand that they are different with Indian-Tamil. Malaysian-Tamil preserved their language since in the time of British colonial. Some of my Indian-Tamil cannot understand Malaysian-Tamil language. Malaysian-Tamil are using deep in meaning and old Tamil language compare to mainland Indian-Tamil. Malaysian-Indian in whatever races and places where the came from are MALAYSIAN. Malaysia government should protect them as MALAYASIA citizenship!!

Police! Engkau sungguh KURANG HAJAR! Engkau datang dari RAKYAT,oleh RAKYAT, Untuk RAKYAT dan bagi RAKYAT tetapi membunuh TUAN mu sendiri. Ingat POLICE, ANDA hamba kepada RAKYAT.

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written by malsia1206, January 23, 2009 18:29:48

Likely scenerio -
1. Assailants and murderers unknown and cannot be positively identified.
2. one or more scapegoats to be arrested on suspicion in course of investigation
3. evidence not meeting the burden of proof in the Courts of laws
4. 2 or 3 years later, all susupects acquitted and released
5. Police and AG close their files until new evidence to be uncovered
6. No such new evidence ever found to justify new process
7. All forgotten except from the family of the decceased. Malaysian justice at her best. Barisan justice. Rather, UMNO justice.

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written by Motherchell, January 23, 2009 18:30:00

Some questions i want to ask Patail .

1)When someone dies who does the postmortem ??? is it a drop out from our UM??
2)Why did it take the AG , supposed to be the highest ranking Law officer so long to come out with a statement .
3)Where is the sick goat of waster of an IGP who is taking the taxpayers money with no efforts done . He should be sacked right away , for total negligence. For how long will Paklah keep these wormed carcasses in power??
4)Why is the water buffalo Albar not sacked and jailed for dereliction of duty!

So now I ask the PM if he has anymore Integrity left to run the Govt??? Destiny will come soon knocking at all the scums doors !!! Sleep well !!

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written by InEffective, January 23, 2009 18:30:57

As the law is dysfunctional and cannot protect you from the killers-in-uniform, looks like Malaysian citizens have to arm themselves for self-defense.

You are absolutely entitled to self-preservation of you and your children. Don't let our useless politicians and judges tell you otherwise.

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written by Wudan, January 23, 2009 18:37:07

Dear ahmadneil
IGP Musa Hassan did not say Kugan died of water in his lungs, CPO Khalid Abu Bakar did.

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written by kurangfaham, January 23, 2009 18:37:16

Hoi! Polis bangsat you orang makan apa nasi atau tahi Kuhan yang dikena belasah dan terus dibunuh. memang you orang ini semua anak syaitan.

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written by kurangfaham, January 23, 2009 18:43:06

Well done Dato'Seri Anwar Ibrahim, now its the turn of DAP and Pas to interfere and give their moral support to Kuhan's family.

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written by ez24get, January 23, 2009 18:57:23

Opposition Leader Anwar Ibrahim had earlier called for an independent body to be established to investigate the death.

An independent body to investigate the death of Kugan is the only way to go.

How can Musa Hasan, the chief of police, who was directly involved in a high profile case of police brutality in Anwar Ibrahim case years ago be involved in investigation of police brutality? It make a mockery of police brutality investigation. The rank and file of police will ask if his chief could do and get away with it, why can't they do it? After all, they look up to Musa Hassan as a leader by example.

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written by sataysticks, January 23, 2009 19:03:11

Oh My God! Get ready for a mind blowing explanation from the Minister himself!I really wonder whether he really went to law school in UK. About 40 years ago the nation suffered doses of ALBARISM CRAP from his father and now the son is even crappier...

With people like Syed Hamid UMNO is doomed for good!!!

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written by ez24get, January 23, 2009 19:22:31

For those who don't subscribe to Malaysiakini or want to inform your friends on police brutality, you can download the Malaysiakini video here:

http://rapidshare.com/files/187229639/Kugan_Torture_by_PDRM.mp4
(WARNING! Due to the distressing nature of the video material, viewer discretion is strongly advised)

http://rapidshare.com/files/188129162/Kugan_Family_Defers_Burial.avi

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written by jeevy, January 23, 2009 19:57:14

The Police Force needs a thorough revamp... A Royal Commission of Inquiry needs to be set quick to investigate the excesses of the Police.. (They are acting as though they are part and parcel of the excutive which they are not )..Thats the problem with a Malay(nised) Police Force with 90% or more of the police force being malays...If the Police Force were to truly represent the racial composition of the country this wouldnt have happened...No doubt the thugs in KL are mostly Indians but can anyone blame their predicament?...The Indians are the most unemployed of the three main races in Malaysia..Whos is responsible for this?...The BN/MIC is...and what are they doing about it?...nothing...The BN/MIC is keeping a closed eye in this matter...This is the irony of it all!!!....They are perpectuating the predicament of the Indians for the betterment of the BN/MIC government ( rather read as BN/MIC cronies )...If not for this Indians ( to commit crime ) the Police force would have nothing to do and the BN/MIC government have build 5 star "hotels" ( read as prisons-the cronies being given lucrative contracts to build this so called "hotels" ) in Sg Buluh and Kajang...who are going to patronise this "hotels" if not for these poor unemployed Indians....The govt here is diabolical!!!...and we Indians are paying the price with our blood!!!...God save us Indians!!!...

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written by kensball, January 23, 2009 20:41:20

Monkey see, Monkey do...this is malaysia

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written by TKAL, January 23, 2009 20:51:16

Our police force is just like those HK police during Lee Rock time - full of corruption and abusing power.

I really hope our police force will improve to HK police standard.

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written by future, January 23, 2009 21:35:15

After more than a thousand death in Police custody and photos being made public than
only the AG is taking some damage control.The IGP as usual will be making a lot of noise only against Opposition Political Parties.To be honest I don't trust them at all.

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written by lamakawan, January 23, 2009 21:54:30

Malaysians have been too complacent for too long, that is 50 years now. The BN government controlled by umno has taken the law too far... so much so that it is like ... "... the river of no return." Murderer instincts can be seen everywhere right from the bottom rung of the administration to the very top, bottom rung like police constables and the very top like the deputy chief of the country!!!

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written by thor, January 23, 2009 21:57:22

Sad to think that a young life is wasted bcos of this. One if given d right opportunity cld hve contributed to d development of this country.

I am waiting for d botak with d bull in his mouth, who offer no apologies for his arrogance, plunders and insensitivity, to come up with an explanation for this.

In time of global crises, we only hve "leaders" of this calibre to lead. Does not augurs well for our country.

GOD SAVE OUR PEOPLE FROM THE WOLVES.

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written by Fido, January 23, 2009 22:38:30

RIP Kugan

But I do hope that fellow Msians do not keep viewing this from a racial perspective. Kugan is a malaysian, and we cannot allow this to happen to any other malaysians.
No doubt the statistics shows that the majority of deaths in custody are of a certain race, but we must fight this to ensure that Malaysians from every race do not suffer the same fate as Kugan

If we keep on focusing it from a racial point of view, all we need is a politician to take the opportunity to turn this into a full blown racial riot.

Police have no right doing this to anyone of any race. IPCMC now!

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written by fan73, January 23, 2009 22:47:22

see how the mentality of future police officers... when these girls graduated...

http://www.youtube.com/watch?v=BfmEktifAcA

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written by zackzeni, January 23, 2009 22:54:43

Polis malaysia mmg sial, perangai sama mcm yahudi......

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written by Sudahlah tu, January 23, 2009 23:06:42

kepolisan kini menjadi syaitan dan anjing umno ..
Allah akan menjalankan hukumNYA terhadap mereka ini bersama keluarga mereka ..
Biar anjing-anjing ini merasakan kepedihan dan kesengsaraan ....

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written by peter, January 24, 2009 00:43:29

What a great joke the blue dogs of Nazi Party of umNO will investigate itself.

I don't why we have to go through this again and again. These dogs will do it again and again.

We can scream and shout all we want, nothing will ever change as long as the Nazi party is in power.

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written by malgal, January 24, 2009 05:42:43

who is the real criminal here!

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written by A MI, January 24, 2009 08:06:12

well good on Petai for classifying the case as murder.

But seriously does anyone really think justice will be delivered.. a couple of masked "suspects" in the "alleged" crime will be seen going in and out of court. They may be charged but will not be incarcerated. They case will drag on for years so that the incident fades from our minds leaving only Kugan's loved ones to grieve.
The "suspects" will be walking amongst us enjoying their freedom while others who had the courage to stand up for the fate of those like Kugan rot away in detention under ISA.

Will change ever come to Malaysia? We can dream I guess.

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written by rpremkumar2u, January 24, 2009 11:37:41

I stand corrected. From my understanding, when a suspect in remand in a police lock up; or a remand prisoner in the Prison or a prisoner serving his sentence, passes away, the autopsy is performed by a forensic pathologist and not just a doctor. This is to ensure that the death was not under suspicious circumstances. Was the post-mortem conducted under this regulation? AG has classified the investigation under Sec 302 Penal Code. It is vital that the autopsy report therefore be conducted by a forensic pathologist. The CPO Selangor is on record to say that the police cannot apply for a second post-mortem. He laments that there will be no end to the story even with a second post mortem. I wonder if he has checked his facts. There is no law that calls for only one post-mortem. The pictures certainly attest to the fact that Kugan has injuries. Those injuries are not the result of the autopsy carried out. During autopsy, the cut is by scalpel which is a very sharp instrument which surgically makes a clean cut. The scalpel does not cause bodily lacerations. In light of the classification by the AG, the CPO Selangor should cease uttering rubbish and have the Investigation Officer apply for a post-mortem to be conducted by a forensic pathologist.

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written by ekt tan, January 24, 2009 20:24:05

PDRM brutality is not something new. Torture is what they do best to extract information or force a confession whether they may be true or false. Torture methods is rampant within the PDRM culture because they are above the law. Why should'nt they be when they are the enforcer of the draconian BN government. THe rakyat must be reminded that as long as they do not belong to the BN clan everyone is the enemy of the state and both the innocent or gulity parties will get rough treatment from these Gestapo thugs. Malaysia is the equivalent of the wild west where the PDRM practises its own laws and the rakyat is their sworn enemies.

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