Ganga Gowri vs Government (DAY 4)

25 Jan 2013

Fourth day of Ganga Gowri civil suit against 12 defendants including the Royal Police of Malaysia personnel, the hospital and the government. Ganga is the sister of Gunasegaran who died in police custody on the same day Teoh Beng Hock’s body was found, 16 July 2009.

2 defends witness took the stand today, starting with the continuation of Lans Koperal Mohd Faizal Bin Mat Taib (RF 151345) from yesterday. Faizal was the cop identified by Ravin and Selvach as the officer who assaulted Gunasegaran in the Sentul police station. Lawyer Visvanathan explained the wound found from the 2nd post mortem on the chest at the size of 28cm x 8cm x 5cm. Visva suggested that the wound was due to the beatings of Mohd Faizal which the latter denied. A point that Faizal agreed was he did not gave any emergency assistance to Gunasegaran when he noticed that he was unconscious. Visva stressed that this is a irresponsible act of a police officer.

An important issue that has been highlighted in the court today was the non-investigation of a report made by Ganga Gowri on 25 October 2010. The report by Ganga states Mohd Faizal has the accused who have beaten up in police lockup. Although his name was mentioned in the report, but till now Faizal agreed that he was never called for any statement for investigation regarding the specified report. Why was there no investigation made?

Federal counsel took charge to clarify Mohd Faizal’s statements. For the question from Federal Counsel on the reason for not doing a death report on Guna, Faizal explained that Guna died in a temporary lockup and the doctor has certified his death. He also mentioned that for a temporary lockup, investigations can be done without accordance to the Lockup Rules. This refers to the investigation done on Ravin in the middle of the night. This incidents clearly shows the cops whom are suppose to uphold law, disrespects them and manipulates for their interest.

2nd witness for the day took the stand in the evening. Sarjan Mejar Rajinder Singh, 51 years old has more than 30 years experience in the police force. He admits that throughout his experience, there was never been a death under police custody in which a police report was not lodged. Visvanathan points out Section 329 under the Criminal Procedure Code (CPC)
which states that its the duty of the police officer to investigate death and draw up a report on the incident. Then why did SM Rajinder did not lodge any report? The reason provided by Rajinder Singh in court was that report is to be done by the hospital. Although he said that, he agrees that it is his responsibility to do a report but he did not.

Another twist from SM Rajinder was the time of Operasi Tapis happened. SM Rajinder who wrote in the station diary that the operation started at 3pm, now said that the operation actually started at 5.30pm. Visva stressed that this statement contradicts to the inquest statement made by Rajinder himself. In the inquest Rajinder has told the magistrate that Operasi Tapis actually happened at 3pm. Today, Rajinder says that they went out at 3pm, went around Bandar Baru Sentul, and came back to station. Then they received a call, then moved in to the todi shop in Jalan Sentul Manis. Visva argued that this was Rajinders afterthought and reminded him that he is under oath.

Lawyer Visvanathan then questions SM Rajinder on the missing name of Gunasegaran in the arrest report after the operation. SM Rajinder claims that Guna was in possession of 8 tubes of heroine and that requires for a separate police report. Visva argues whether is this a new law, and where is this procedure? SM Rajinder was in silence. Gunasegaran’s name was only mentioned in a report made by SM Rajinder at 8.20 pm where it states that Guna tried to escape arrest. Why wasn’t there any report on Guna’s death?

The court was told by SM Rajinders statement that all the documents related like station diary postmortem result were wrong as per the time of Gunasegaran’s death. All this discrepancies that been argued by SM Rajinder ware never been raised to the AG Chambers since 2009. As per statement by Faizal before this, Rajinder also agrees that the lockup rules were created by the Sentul police for their own use and interest. At least, there’s some truth told.

Court adjourned to 15 and 16 April 2013.

We need more supporters to show solidarity to this family fighting injustice. There are more new faces coming to the court to follow this interesting case.

For twitter info, kindly follow @SUARAMtweets or @NatAsasi for live updates on the case. Any info, pls call Theva at 0133845740

Thank you.

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