|Sister of man who died in police custody files appeal|
|Friday, 03 August 2012 08:59am|
©The Star (Used by permission)
KUALA LUMPUR: The sister of a toddy shop assistant R. Gunasegaran has filed an application to appeal a High Court decision which upheld an open verdict by a Coroner's Court in an inquest over his death in police custody three years ago.
R. Ganga Gowri filed the notice at the High Court Registry through her lawyer M. Visvanathan here yesterday.
Gunasegaran who was arrested during an anti-narcotics raid in Jalan Sentul Manis on July 16 with four others died in the Sentul police station's lock-up on the same day.
In her supporting affidavit, Ganga said the police had issued a media statement saying her brother fainted while his fingerprints were being taken.
She said that she was not satisfied with the result of a post-mortem which was carried out on her brother on July 17 at the Kuala Lumpur Hospital.
She said she was not furnished with the autopsy report which was only given to her during an inquest at the magistrate's court.
Ganga said a second autopsy was conducted at the Universiti Malaya Medical Centre on Aug 20 which confirmed that there was an injury on her brother's chest, purportedly caused by “resuscitation efforts”.
She said however, HKL Emergency Department doctor denied there were “resuscitation efforts”.
On July 19, Justice Kamardin upheld the open verdict by Coroner Siti Shakirah saying the court took judicial notice that all future custodial death cases should be carried out by an officer from another police station or district police to ensure transparency in investigation.
He said that after examining the records of proceedings, he found that Gunasegaran was assaulted by Lans Korp Mohd Fauzi Mat Taib but there was no conclusive and scientific evidence that the act was the actual cause of his death or had expedited his death.
He said the court also noted there might be an overdose of chloroquine drug in the deceased.
On Oct 25, 2010, the Coroner's Court delivered an open verdict after findings revealed that there was insufficient evidence.
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