©The Malaysian Insider (Used by permission)
by V. ANBALAGAN
The Attorney–General (A–G) has made an application to continue with an inquest to determine the cause of the death of an unemployed man who was detained at the Tampin district police headquarters in Negri Sembilan two years ago.
Lawyer Eric Paulsen, who represented the family of the deceased P. Karuna Nithi, said a deputy public prosecutor (DPP) had written to Coroner Datuk Jagjit Singh to reopen the inquest.
"The DPP who assisted the coroner in the inquest has indicated he would bring more witnesses," Paulsen told The Malaysian Insider.
The matter has been fixed for mention in Seremban on Friday.
Paulsen said it was surprising for the DPP to reopen the case, five months after Jagjit had ruled that policemen and inmates were responsible for Karuna Nithi's death.
Meanwhile lawyer M. Visvanathan, who had appeared for families of deceased persons, said Section 339(2) of the Criminal Procedure Code allowed the A–G, who is also the public prosecutor, to direct the coroner to conduct further investigations.
"An inquest is an investigation into the cause of death. It is not a criminal trial where parties must appeal to a higher court," he said, adding that reopening of such proceedings was rare but had happened at least two times.
But he said nothing stopped Karuna Nithi's family to file a revision in the High Court to prevent further proceedings before the coroner.
On January 28, Jagjit said Karuna Nithi's death was caused by 49 multiple injuries by blunt objects including physical assault, abuse and unlawful acts by persons unknown, inclusive of police officers and other detainees where the deceased was held.
Jagjit, who is a Sessions Court judge, said in his verdict that there was failure or omission to provide the necessary medical care and attention required by Karuna Nithi.
"There was also failure of the police officers to stop other detainees from abusing Karuna Nithi in the police lock–up.”
Jagjit said having gone through all the evidence, he was satisfied that the cause of Karuna Nithi's death was due to a combination of unlawful acts and omissions by person or persons unknown.
"The deceased was a healthy adult with no life threatening diseases when he entered the lock–up but ended up dead three days later with 49 external injuries," he said.
He said a custodial death with that number of injuries should have "rung alarm bells from the word ‘go’".
Jagjit said he rejected the evidence of forensic pathologist Dr Sharifah Safoorah Syed Alwee after extensive examination of the shortcomings in her testimony.
"She had erroneously found that the cause of death was due to 'fatty change in the liver'. But this cannot be so when the deceased had 49 external injuries," he said.
Jagjit said closed circuit television footages from the police station clearly revealed Karuna Nithi was beaten by other inmates and the cops on duty were privy to what happened.
He said some policemen had also contributed to the beating, harassment and bullying based on evidence adduced from the CCTV.
Karuna Nithi, 42, was found unconscious inside his cell by a policeman who went to check on him at about 6pm on June 1, 2013.
He was rushed to the district hospital but was pronounced dead on arrival.
Police had detained him at about 5.30pm on May 28 after his wife lodged a report that he had assaulted her following a quarrel at their home at Rumah Rakyat Taman Muhibbah in Gemencheh.
Karuna Nithi also lodged a report earlier in the day admitting he assaulted his wife because he could not take her verbal abuse.
He was taken to the Tampin magistrate’s court the following morning where a four–day remand order was issued.
On May 31, he was charged with causing hurt and was allowed a RM4,000 bail but was taken back to the lock–up because his family could not post bail.
Police have maintained there was no physical abuse involved in his death although family members alleged there were fresh injuries on his body. – July 1, 2015.