Saturday, December 21, 2019

Court rules cops caused death of Syed Mohd Azlan, awards dad RM383,300? Have the police who killed or tampered with evidence been charged yet?

Well, another court decision awarding compensation to family of another man who died in police custody. Syed Mohd Azlan Syed Mohamed Nur, who was arrested by police on 3/11/2014 and died in police custody.

The Enforcement Agency Integrity Commission (EAIC), on 30/10/2015, after an inquiry concluded the death was caused by the police. The recommended that the said offiocer/s be charged for murder, amongst others. Has anyone been charged yet?

6. Terdapat perlakuan serangan bersifat jenayah yang melibatkan unsur niat bersama atau pensubahatan (abetment) oleh anggota PDRM yang terdiri daripada anggota pasukan tangkapan bagi melakukan kekerasan fizikal secara sengaja ke atas si matiyang telah mengakibatkan kecederaan dan kematian ke atas si mati, dan perlakuan ini adalah merupakan jeniskesalahan bersifat jenayah di bawah undang-undang, khususnya kesalahan di bawah seksyen 302 dan seksyen 325 Kanun Keseksaan dibaca bersama seksyen 34 Kanun Keseksaan atau secara alternatif seksyen 107 Kanun yang sama; 

EAIC also said there was police that tampered with the evidence  - surely the police officers who did ought to have charged for this, even if they were not involved in the killing or murder, and they still can...

3. Terdapat perlakuan gangguan bahan bukti yang material oleh anggota PDRMiaitu, 

(i) membersihkan tempat kejadian sebelum dilawati dan diperiksa oleh pegawai perubatan,

(ii) melupuskan tikar getah dan karpet yang dipercayai mempunyai kesan darah si mati di tempat kejadian tangkapan, dan 

(iii) perlakuanmenyembunyikan/menghilangkan saksi mata (eye witness) yang melihat kejadian tangkapan si mati

See related post:-

Police officers that tortured and killed detainee - what will the AG and the Malaysian government do?

Cepat tindakan kes bunuh lelaki korea, kenapa lambat tuduh polis/pembunuh Syed Mohd Azlan?

Police officers that killed Syed Mohd Azlan, and tried to hide a crime? What happened?

Resolusi Peguam 'Dakwa Polis melakukan jenayah', dan singkirkan 'polis kotor' - kes Syed Mohd Azlan?

Syed Mohd Azlan - Polis 'pembunuh',yang 'cover up' kesalahan - kenapa belum didakwa di Mahkamah?

Crime has no limitation - so all these police officers for killing, and/or for 'tampering' with evidence to 'hide'/'protect' their fellow police officers ought to have been charged - Internal Disciplinary actions is certainly not appropriate or just. 

Must all victims of death in custody and torture by police only be compensated or receive justice IF the family or victim sues the police?


Family of man who died in Johor police lock-up wins close to RM500,000 in compensation

Lawyer for the plaintiffs, M. Visvanathan and Syed Mohd Azlan Syed Mohamed Nur‘s family at the Johor Baru High Court December 19, 2019. — Picture by Ben Tan
Lawyer for the plaintiffs, M. Visvanathan and Syed Mohd Azlan Syed Mohamed Nur‘s family at the Johor Baru High Court December 19, 2019. — Picture by Ben Tan
JOHOR BARU, Dec 19 — The High Court today awarded the family of Syed Mohd Azlan Syed Mohamed Nur who died in police custody with 61 wounds on his body five years ago RM448,000 in compensation and damages.

The family had initiated civil proceedings in 2015 against three policemen and 11 others, including the inspector-general of police and the government.

The money covered their court costs, dependency claims, malfeasance in public office, exemplary, bereavement, funeral and special damages.

Syed Mohd Azlan, a 25-year-old welder, was arrested in the early hours of November 3, 2014 on suspicion of rioting and possession of a weapon two weeks earlier.

He was taken to the police station lock-up in Sungai Rengit, Johor and found unconscious five hours later during a transfer to the Kota Tinggi district police headquarters. He was sent to the Bandar Penawar health clinic where he was pronounced dead.

In 2018, the Enforcement Agency Integrity Commission (EAIC) said police personnel had beaten Syed Mohd Azlan while in custody, adding that it found 61 wounds on his body that were consistent with defensive injuries.

The EAIC, in its statement, reiterated its findings showed there was foul play in Syed Azlan’s death.
Three policemen — Weddrin Mojingkin, Joshua Perait and Muhammad Bunyamin — were charged under Section 304(b) of the Penal Code with culpable homicide not amounting to murder, which is punishable with jail up to 30 years and a fine.

However, they were found not guilty at the Sessions Court. The High Court this year upheld their acquittal.

Despite their release from the criminal proceeding, High Court Judge Datuk See Mee Chun ruled in favour of Syed Mohd Azlan’s family today.

In her ruling, the judge said the police are duty-bound to uphold the law and keep the nation’s peace and security.

“All action towards that must be in accordance with the Federal Constitution and law,” she said.

See quoted from a 2008 case involving custodial assault and police brutality against a man who was suspected to be involved in a crime.

She said that an award of damages must reflect the sense if public outrage, emphasise the importance of the constitutional right and the gravity of the breach and deter future breaches.

Syed Mohd Azlan’s family was represented by lawyer M. Visvanathan, while senior federal counsel Jailani Abdul Rahman acted for the government.

Visvanathan later told reporters that the court decision sent a strong message that injustice will not be tolerated.

“A full stop must be made,” he said.

Syed Mohamad Shariff Syed Mohamed Nur, brother to the deceased, expressed his gratitude to the court and hoped the authorities would learn the proper treatment to accord detainees.

The late Syed Mohd Azlan’s family present in court today were his father Syed Mohamed Nur Ali, 72; mother Sharifah Khalilah Syed Sulaiman, 61; and younger brother Syed Mohamad Affendi, 38. - Malay Mail, 19/12/2019

Court rules cops caused death of ex-welder, awards dad RM383,300

Lawyer M Visvanathan with Syed Mohd Azlan Syed Mohamed Nur’s father, Syed Mohamed Nur Ali (2nd from left), and other family members.
PETALING JAYA: The father of a former welder was awarded RM383,300 in damages today after the High Court in Johor Bahru found that his death was caused by police negligence when in their custody five years ago.

Judge See Mee Chun found the police liable for causing injuries to Syed Mohd Azlan Syed Mohamed Nur that ultimately led to his death.

See also said Syed Mohd Azlan must have been in severe pain before he succumbed to his injuries.

“The damages awarded must send a strong message to the police force that they must act in accordance with the Federal Constitution and the relevant laws,” she said.
The judge said the court had to come down hard on the enforcement agency as the life of a person had been unlawfully taken away.

See awarded RM150,000 for the tort of misfeasance in public office, RM150,000 in exemplary damages, and RM20,800 for bereavement, funeral and miscellaneous expenses.

Syed Mohd Azlan’s father, Syed Mohamed Nur Ali, was also awarded RM62,500 in dependency claims and another RM60,000 in costs.

The Enforcement Agency Integrity Commission (EAIC), in its investigation, found that Syed Mohd Azlan, 25, was “murdered” by police personnel who beat him up in the police station lock-up in Sungai Rengit, Johor, on Nov 3, 2014.

Syed Mohd Azlan suffered 61 injuries to his face, body and legs, some of which were consistent with “defensive wounds while protecting himself from physical attack by police personnel”, the EAIC found.

The EAIC also found evidence that police personnel had cleaned the scene of the beatings before medical officers arrived to check on Syed Mohd Azlan.
The police also disposed of the rubber mat and carpet believed to have been stained with Syed Mohd Azlan’s blood.
The EAIC also said the police “hid away eye-witnesses” from the scene, and that criminal charges should be filed against them for violating provisions in the Criminal Procedure Code.

Following the findings, lawyer M Visvanathan, who appeared for Syed Mohamed Nur, said the negligence suit was filed in 2017 against 16 policemen and the government.

Syed Mohd Azlan was arrested by a team of police officers on Nov 3, 2014 at 3.30am as part of an investigation into alleged possession of weapons or missiles in a riot, based on a police report made against him.

EDICT, an NGO fighting against deaths and abuse in custody, said the damages awarded would be a great relief to Syed Mohd Azlan’s family but could not compensate for his “dreadful death”.

In a statement, it said the case showed the extent to which abuse of police power and concealment and condonation of abuse was entrenched in the police force.

“It is shocking that to date, the police have announced no disciplinary action against any of the numerous policemen involved,” it said.

It added that today’s decision was a report card on the police, the Attorney-General’s Chambers, the Police Force Commission and the government. - FMT, 19/12/2019

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