Media statement by Lim Kit Siang in Kuala Lumpur on Friday, 28^th January 2011: 

DAP calls for Royal Commission of Inquiry into Kugan's death in police custody as the criminal justice system has completely broken down beyond repair to deliver justice in cases of mysterious deaths in official custody

DAP calls for a Royal Commission of Inquiry into A. Kugan’s death in police custody as the criminal justice system has completely broken down beyond repair to deliver justice in cases of mysterious deaths in official custody.

It is not only Kugan’s family members and relatives headed by his mother, N. Indra, 41, hotel worker, who are shocked by this morning’s acquittal of constable V. Navindran for causing grievous hurt to Kugan, 22, when interrogating him at the Taipan police station in USJ-Subang Jaya on January 16, 2009, all decent Malaysians who had expected justice are also outraged.

This is another blot in the service record of the Attorney-General Tan Sri Gani Patail who had said that 11 officers were involved but only one was charged – and even the one charged ended with his acquittal when the Sessions Court judge Aslam Zainuddin said the prosecution had failed to prove a prima facie case against the accused.

If the Prime Minister, Datuk Seri Najib Razak can finally agree to the establishment of a Royal Commission of Inquiry into Teoh Beng Hock’s mysterious death at the Malaysian Anti-Corruption Commission more than 18 months ago following public outrage at the unsatisfactory “Open Verdict” of Teoh’s inquest, there is no reason why a Royal Commission of Inquiry is not established into Kugan’s death because of the most unsatisfactory and irresponsible handling of Kugan’s case in the past two years to establish the circumstances of his death, identify and punish the police personnel responsible for Kugan’s life and deliver justice to Kugan’s aggrieved family.

There have been too many cases of mysterious deaths in official custody as well as the result of police shootings.

The Royal Commission of Inquiry into Kugan’s death should also enquire and recommend a new standing operating procedure to ensure full accountability for every such death to restore public confidence in the criminal justice system and to assure all Malaysians that they have the most important human right to life and to be safe, not only in the streets, public places and the privacy of their homes from crime but also when in official custody whether the police, MACC or any other enforcement authority.

This is also the time for the Prime Minister to implement the proposal for an Independent Police Complaints and Misconduct Commission, the most important recommendation of the Dzaiddin Police Royal Commission six years ago to ensure that Malaysia as an efficient, incorruptible, professional world-class police service which command public and investor confidence.

*Lim Kit Siang, DAP Parliamentary Leader & MP for Ipoh Timor