A. Kugan's died in police custody after being tortured by the police. Police officer was the investigating officer of Kugan's death. Finally, one police officer was charged in court ...and then the court just acquitted the said police officer of two counts of causing grievous hurt, without even calling the defence.
Sessions Court judge Aslam Zainuddin ruled that the prosecution had failed to establish a prima facie case against the accused.
I seriously doubt that there was even an independent investigation, that was pursued aggressively. Why? The accused was a police officer...the investigator was a police officer....the witnesses to the 'torture' at the police station would have all been brother-sister police officers. That is why we need some independent body, not the Police, to come in and investigate - the Independent Police Complaints and Misconduct Commission (IPCMC)
Then, there was the prosecution - did they even ensure that a thorough investigation was done and that there were sufficient evidence. If there was insufficient evidence, why proceed to trial. Was it just to show that the UMNO-led BN government cared....? Or was it just to stop the cries of justice for Kugan? It is also disturbing that the Kugan death in custody trial was not thoroughly covered by the media - i.e. both mainstream and alternative media. Maybe, the next time SUARAM or some human rights organisation will ensure that the trial is not only covered but that regular updates be circulated. If it was Anwar or some political personality - then it will be covered. Compare also the coverage of Teoh Beng Hock and compare the coverage of A.Kugan's case...
Well, previously the UMNO-led BN government would have just not investigated and/or prosecuted .... now they do charge them in court, and then 'poorly' prosecute - and the court acquits the person charged and tried... it certainly looks better for the BN government, but it is just as bad as before - no even worse than before, because a person tried and acquitted by court for an offence cannot again be re-charged later with the same offence.
And guess what, our Sessions Judge did not even give reasons for his decision. So was there even good grounds... Did the judge here also was unhappy that prosecution did not call material witnesses, or maybe called some witnesses that should never have been called...
I wonder whether we can still trust our Public Prosecutors in Malaysia - maybe, option should be available for victim's (or their family) should have an option to choose their own prosecutor....and maybe also be permitted to do their own investigations...
I am disappointed by the state of affairs of the criminal justice system - and call for it to be transformed into something better...and, maybe we may need a change of government for that....maybe not.
Eric Chia
The judge said the prosecution had failed to establish a prima facie case against the former managing director of Perwaja Steel Sdn Bhd.
In his 30-page oral judgment, he went on to fault the prosecution in every aspect of the case, from the way the main charge and alternative charge were proffered right to the tendering of documents, and its failure to call crucial witnesses.
Akhtar said the most glaring setback was the prosecution’s failure to call two material witnesses, who would have been able to confirm whether payment was needed for the technical assistance agreements (TAA) signed between Perwaja Rolling Mill Development and NKK Corporation.
He said former Perwaja company secretary R.R. Durai Rajasingam, who was involved in all Perwaja’s contracts, would have known the actual contents of the TAA.
“Yet the prosecution never called him. The question is why? I see nothing to say that he would be a hostile witness or give evidence against them.”
The judge also questioned the prosecution’s reluctance to call the five Japanese witnesses, including NKK Corporation, Japan, director N. Otani, who was present at the signing of the TAA in Japan in 1993....Kasitah Gaddam's case...
....He said the prosecution failed to lead any evidence to show fabrication of that document, which it contended.- Star, 27/6/2007, Eric Chia acquitted of CBT
Former land and cooperative development minister Tan Sri Kasitah Gaddam was acquitted and discharged by the High Court here of committing corrupt practice and cheating involving shares belonging to the Sabah Land Development Board (SLDB) in 1996.
Judge Justice Suraya Othman ruled that the prosecution had failed to establish a prima facie case on both charges for the court to call Kasitah to enter his defence.
“The essential ingredients of both the offences of corrupt practice and cheating were not made out on the facts before the court....
...Justice Suraya said the failure of the prosecution in not calling six board members who were present in the meeting was detrimental to the case as it had created a big gap over the question of whether the board members were actually cheated by the accused.
She also said that evidence by lawyer cum board member Catherine Yong was very damaging as she did not indicate that Kasitah had misused his position or influence her or other board members during the meeting.
Some police officer -Besides that, the judge said there was no element of inducement on the part of Kasitah to the board members.- Star, 13/8/2009, Kasitah freed of corruption charges
PETALING JAYA: Police constable Navindran Vivekanandan, 30, was acquitted by the Sessions Court over two counts of causing grievous hurt to suspected car thief A.Kugan (pic), who died in police custody in 2009.
His defence was not called.
Sessions Court judge Aslam Zainuddin ruled that the prosecution had failed to establish a prima facie case against the accused.
On hearing the verdict, Kons Navindran said he was happy and thankful to God.
He said he was looking forward to returning to the police force where he has served for 10 years.
Kons Navindran,who was attached to the Subang Jaya district police station, is alleged to have committed the offence against the 22-year-old to extort a confession or information which might have led to the detection of an offence or misconduct.
He was accused of causing grievous hurt to Kugan, then 23, at the interrogation room of the Taipan police station in USJ, Subang Jaya, between 7am and 4pm on Jan 16 last year.
He was charged under Section 331 of the Penal Code which provides for a maximum jail term of 10 years and a fine, upon conviction.
He had also pleaded not guilty to two alternative charges of causing hurt to Kugan under Section 330 of the Penal Code.
Kugan’s death highlighted the number of deaths in police custody and triggered widespread public outcry over police brutality.
Eleven rank and file policemen were transferred to desk duty at the Selangor police headquarters.
The first post-mortem said the cause of Kugan's death was water in the lungs leading to sudden death.Photographs online, however, showed Kugan had suffered serious injuries.
His family demanded and got a second post-mortem, which indicated differences in the actual cause of death.The trial, went on for 25 days from Feb 18 with the prosecution offering 24 witnesses. - Star, 28/1/2011, Kugan custodial death case: Cop acquitted of causing hurt
PETALING JAYA: The Sessions Court here today ruled that Constable V Navindran be discharged and acquitted of causing grievous hurt to suspected car thief A Kugan two years ago.
Justice Aslam Zainuddin said that Navindran was not required to enter his defence at the end of the prosecution case this morning.
He added that the prosecution had failed to establish a prima facie case against the constable.
Navindran, 28, faced two counts of causing grievous hurt to Kugan, 23, at the D9 interrogation room at the Taipan police station, Subang Jaya, at 7am on Jan 16, 2009. The offences carry a maximum 10 years jail and a fine on conviction.
Navindran also faced two alternative charges of causing hurt to Kugan at the same place and time, which carry a maximum seven years jail and a fine on conviction.
Earlier in the trial, witnesses have testified that Navindran had beaten Kugan with a rubber hose even when it was not his turn to interrogate the suspect.
The decision today is not expected to sit down well with Kugan’s family members who want those responsible for his death to be punished.
Navindran later told reporters that he will return to work at Taipan police station.
“I would like to thank my lawyer and the court,” he said.
DPP Abazafree Mohd Abbas later confirmed that the prosecution was awaiting orders from the Attorney-General’s Chambers on whether to appeal against the decision.
On Jan 14, Kugan, from Puchong, was arrested to facilitate investigations into a luxury car theft syndicate. Six days later, he was dead.
Family members who stormed the mortuary found Kugan’s body riddled with severe lacerations. But the first post-mortem concluded that Kugan had died as a result of fluid accumulation in the lungs.
The family then commissioned a second post-mortem, which disclosed that the deceased was burnt, beaten and starved during detention. - Free Malaysia Today, 28/1/2011, Kugan’s case: Constable walks free
PETALING JAYA: Police constable V. Navindran (pic) is a free man.
He was this morning acquitted of two counts of causing grievous hurt to A. Kugan while the latter was in police custody two years ago.
Sessions judge Aslam Zainuddin found 30-year-old Navindran not guilty citing the prosecution had failed to establish a prima facie case against him.
Navindran was acquitted without his defence being called.
The policeman claimed trial on Oct 1, 2009 to the charge, under Section 331 of the Penal Code, of voluntarily causing grievous hurt to detainee Kugan, 23, at a Taipan police station interrogation room in USJ, Subang Jaya at 7am on Jan 16, 2009.
He was accused of committing the offense while trying to extract a confession from the victim, who had been detained in connection with the theft of luxury cars.
Kugan died in the station lock-up on Jan 20, 2009, five days after being detained. Two post-mortem examinations were conducted and the second revealed Kugan had been beaten, burnt and starved prior to his death.
Navindran, represented by counsel Datuk P.M. Nagarajan, escaped a possible maximum jail term of 10 years and a fine.
Navindran had pleaded not guilty to two alternative charges under Section 330 of the Penal Code to causing hurt to Kugan at the same time and place.
A total of 24 witnesses were called to testify in the trial which started on Feb 18 last year.
Deputy public prosecutor Mohd Abazafree Mohd Abbas prosecuted. - Malay Mail, 28/1/2011, A. Kugan's assault trial: Cop freed
The Petaling Jaya Sessions Court today acquitted 28-year-old police constable V Navindran charged with causing grievous hurt to detainee A Kugan, without his defence being called.
Sessions judge Aslam Zainuddin said the prosecution had failed to prove a prima facie case against the accused.
"Hence, the accused is acquitted and discharged," he announced.Navindran, had claimed trial on Oct 1, 2009 to a charge of causing grievous hurt to the 23-year-old victim, who died in custody from alleged police torture.
He was alleged to have committed the offence at the interrogation room of the Taipan police station in USJ-Subang Jaya at 7am on Jan 16, 2009.
The charge under Section 331 of the Penal Code carries a jail term of 10 years and a fine upon conviction.
Navindran also pleaded not guilty to two alternative charges under Section 330 of the Penal Code to causing hurt to Kugan at the same time and place.
The 25-day trial, which started on Feb 18, 2010, saw 24 witnesses taking the stand.
Navindran was represented by PM Nagarajan while the prosecution was led by DPP Mohd Abazafree Mohd Abbas.
The post-mortem report had revealed that 22-year-old Kugan had endured severe beatings and was also starved during his incarceration.
Kugan, died under mysterious circumstances and his body was placed at the Serdang Hospital when outraged family members and two deputy ministers barged into the mortuary.The controversy over his death resulted in Navindran being charged.Cop hopes to resume dutyNavindran, when met outside the court, said he was elated by the decision.
"I want to thank family members for their support and my lawyers for helping me in this case. I hope to resume my duties at the police station soon,” said the constable, who is attached to the police's D9 serious crimes unit.
Navindran was suspended from duty after he was charged in October 2009.
Despite allegations that more than one police officer were involved in the Kugan beating, only Navindran was hauled to court.- Malaysiakini, 28/1/2011, Cop in Kugan's case acquitted
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