Press Statement by Charles Santiago in Klang on Monday, 5^th October 2009:

Set-up Royal Commission to resolve irregularities in Kugan’s death in custody case

We have seen graphic injuries sustained by A Kugan Ananthan in police custody when he was arrested for alleged car theft. Kugan's body had deep lacerations, cuts, wounds and burn marks. He died on January 20th, 2009.

Eight months later and after much public pressure, one Indian cop has claimed trial to two principle charges of causing grievous hurt to Kugan to extort a confession. Constable Navindran Vivekanandan, if convicted for both charges, could face a maximum of 17 years in jail if the sentences run consecutively.

If the Attorney-General thinks he could walk around with a smug expression for having discharged his duties, he would certainly be disappointed as most Malaysians are questioning the obvious irregularities in Kugan's case.

The lingering question in peoples' minds is whether one police officer could have caused the multiple injuries sustained by Kugan. And considering the extent of Kugan's injuries, why weren't the other officers responsible for Kugan's death also charged?

Despite the case being classified as murder by the Attorney-General, Navindran has been charged for a lesser offence. This would certainly prevent the court from looking at the case in its entirety or come up with a decision that matches the gory injuries sustained by Kugan.

Admittedly the Attorney-General's rhetoric rarely makes for a good case. But in this instance his attempts to shrug off the obvious link between the injuries and cause of death clearly illustrates his attempts to mask the larger truth.

This is exactly what he said - "There is no evidence that the deceased suffered instant death. Instead, the deceased died four days after the alleged beating. Therefore, there was a wide gap in between and a charge of murder could not be preferred against the suspect."

The Attorney-General's maneuver brings us back to the rather cosy relationship shared by the government, the Attorney-General's office and the police force. Instead of acting in the interest of justice, they provide the cover for each other to promote the self-interest of the ruling elite.

The image of the police force took a huge whack when the country's former deputy premier Anwar Ibrahim was beaten in police custody by ex-police chief Rahim Noor. Even that did not stop other police officers from abusing their powers or relishing in their bully-boy tactics.

The increasing cases of deaths in custody further tarnished the credibility of not just the police force but other government institutions as well. It was revealed in Parliament last year that there were a total of 1535 custodial deaths in the country between 2003 and 2007.

Most of these cases were not investigated. In the event the police chief offered an explanation to the sudden death of another detainee, it would always be crafted around a sloppy script with a fuzzy outline and couched in political jargon.

As such the only measure to restore confidence in the country's police force and government institutions would be for the Attorney-General to cut short his shadow play and instead charge all the police officers who are responsible for Kugan's death.

I also support Kugan's lawyer and my fellow colleague, Gobind Singh Deo's, request for the Attorney-General to amend the charges preferred on Navindran.

Human rights activists, opposition politicians and members of the civil society have been demanding for the setting-up of an Independent Police Complaints and Misconduct Commission (IPCMC) to offer a check and balance system for the police force.

The rising number of deaths in police lock-ups once again reiterates the need to monitor the force. I, therefore, urge Prime Minister Najib Tun Razak to implement the IPCMC without further delay.

Lastly, I call upon the government to establish a Royal Commission of Inquiry into the circumstances that resulted in Kugan’s death as an immediate step in restoring confidence in government and its enforcement agencies.

* Charles Santiago, Selangor DAP Vice Chairman & MP for Klang