The Bar Council notes that on Tuesday May 25th 2004 Sara Lily George has identified a decomposed body as that of her son, G. Francis Udayapan. The body was found at 6 p.m. on May 23rd 2004.
According to reports, the deceased had been arrested and taken into police custody on April 14th 2004, on charges of an alleged theft of a hand-phone and the use of a stolen motorbike. Brickfields police had claimed that Udayapan escaped on April 16th by jumping out of the first floor window whilst being taken for interrogation, then squeezing himself through a hole in the fence and jumping into the Klang river, behind the police station. On April 22nd, investigations into his disappearance were taken over by Bukit Aman, which later ruled out foul play.
In contrast, however, the mother of the deceased has claimed that her son died in police custody, from injuries sustained as a result of police abuse; and could have been dumped into the river as part of a cover-up effort. Representatives and supporters from NGOs and interest groups have described the discovered body as looking too good and too intact for one that has been submerged in water for 37 days (the amount of time that elapsed since the deceased allegedly jumped into the Klang river). The mother of the deceased has also complained that she, her family members and her lawyers have apparently been harassed by the police, over their allegations concerning the case. She is reported to have refused to claim the body until she receives a post mortem report.
In the circumstances of these conflicting allegations, it is imperative that an inquest into the death of Francis Udayapan be held, so that the many unanswered questions and unexplained issues may be fully and thoroughly investigated and examined. The Bar Council urges both the Attorney General and the Inspector General of Police to ensure that such inquest will be promptly held.
In the meantime, the deceased's family must be furnished with a copy of the official post mortem report without delay; and be allowed to cause an independent post mortem to be performed by a forensic expert of their choice, if they so wish. The authorities must extend the fullest cooperation to the deceased's family in this regard. Public interest also demands that Bukit Aman make public in sufficient details the findings of its investigation into this unusual case.
It is the truth, only the whole truth, which must prevail.
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