Death In Police Custody - it is almost impossible for anyone in police detention to commit suicide, as detainees in police lock-ups are monitored 24 hours a day. Then, there is discrepancy with CCTV recordings...
Anand said the timestamps of the CCTV footage were highly suspicious, with a discrepancy of 25 to 30 minutes.
“The footage should have been monitored by the duty policeman in charge. But here there are just small screens hung up on the ceiling, serving just as a playback device. It is shocking.”
He also noted that a logbook for lock-up patrols contained an entry claiming that a patrol was made coinciding with the time of Fadzrin’s death.
“In the logbook, a remark saying ‘buat rondaan’ (patrol) was added at the time of the deceased’s death. It is highly suspicious as it was the only entry of such nature. It is a cover-up, taking advantage of the discrepancy in CCTV timestamps,” he said.
Causing death by negligence is a CRIME in Malaysia - Will the relevant police officers be charged and tried in court >> Or will this be yet another criminal case involving police officers that will be 'covered-up'?
In February 2024, there was another death in custody - where the police FAILED to take a detainee to hospital
...Hidayat complained to the officers on duty that he was not well, and that he had also vomited.HR Groups have called for MANDATORY health checks of all detainees in police lock-ups - this is to prevent DEATHS in Custody. Some detainees need to take regular medication - like for patients suffering from Diabetes, High Blood Pressure. Pre-arrest or arrest violence can also result in detainees dying -
The officers gave him a Panadol to ease his pain. Hidayat died the following day.
Groups have also called for CCTV with recording capabilities, that could not be tampered. In the past, during inquest, it is not uncommon to be informed that CCTV was not working, or that there is no CCTV. There were also live CCTV that is meant to be continuously monitored by police officers from their desk - but the problem is that the police officer is negligently absent ...
In the earlier case, the police officer is expected to regularly patrol the lock-ups - but alas, it seems that they did not - a remark saying ‘buat rondaan’ (patrol) was added at the time of the deceased’s death.
Should not such police officers be CHARGED in court for the crimes, even if it is by reason of Negligence?
Would it not be best that AUTOPSY is conducted for all deaths in custody - so we can be clearer as to the actual cause of death. Non-performance of autopsy presumes an attempt to cover up the REAL cause of death.
In Malaysia, very few take cases of death in custody to court - so, we will not know the TRUTH.
Everyone can make a mistake even the CORONER - how could he be so sure that it was suicide? Why did he not impose criminal liability to the police for even 'suicides' as it is almost impossible for detainees, being continuously monitored by police to prepare or even commit suicide???
Back to preservation of CCTV records - should it not be done by someone, other than the police?
See earlier posts:-
Body Cams NOW, not in 2025 or 2026, for all Law Enforcement Officers to curb corruption, abuse of power and violation of rights Explain Delay and Why Mindwave Consultancy Sdn Bhd given the contract? (MADPET)
Death in POLICE CUSTODY - we need the Coroner's Report 'confirming' police did not KILL?
2022 2nd Death in Police Custody(16th Jan) - Pengkalan Chepa. Coroner - Tell us how he died?
If proper procedure followed, 63 year old accused will be alive today, and not died in a police lock-up
3rd Death in Police Custody in 2022 - at this rate, for 2022 we will get 36? All police lockups have CCTV by end 2021
7th Death in Police Custody in 2022 - like Covid, the number of cases in police custody are sky-rocketing this year? Other deaths in custody????
6th Death in Police Custody of 2022 > Has the Coroner(the Sessions Court Judge) already viewed the body, at site of death, started investigation?
Contempt Proceedings Against Home Minister and Others for failure to complete inquest in death in custody cases as directed by the Judiciary?
16th Death In Police Custody in 2022, and disclosure of Coroner’s investigation and status of reform implementation to reduce deaths, and facilitate investigation needed..(MADPET)
Court finds police negligent over man’s death in custody
Story by Predeep Nambiar • 1d • 3 min read
Fadhelah Othman says she is happy with the court’s verdict but continues to grieve over her son’s death.© Provided by Free Malaysia Today
GEORGE TOWN: The High Court here has ruled that the death of a detainee at a Penang police lock-up five years ago was due to negligence by the police, who failed to prevent his suicide.
In finding the police and the government liable, the court ordered them to pay RM197,600 in damages and costs to the family of Fadzrin Zaidi, 29.
Justice Anand Ponnudurai said the police had breached the duty of care owed to Fadzrin, a gravedigger, by failing to carry out regular patrols which could have prevented his death.
He said such patrols were a requirement under the 1953 Lock-Up Rules.
“The defendants owed a duty of care and it is wrong to say Fadzrin was not a suicide risk. Under the lock-up rules, that risk should have been assessed through a mandatory health check,” he said.
Fadzrin was detained during a drug raid in 2019 and found dead in his cell at the Kepala Batas police station two days later. His death certificate stated that the cause of death was “consistent with hanging”.
A coroner previously ruled that he had committed suicide, citing CCTV footage and testimony from nine witnesses. His mother, Fadhelah Othman, later sued the police and government for negligence.
Footage from an inquest showed Fadzrin wandering in his cell while his cellmates slept at 1.05am before he hanged himself at 1.51am. Paramedics pronounced him dead at 2.55am.
Anand said the timestamps of the CCTV footage were highly suspicious, with a discrepancy of 25 to 30 minutes.
“The footage should have been monitored by the duty policeman in charge. But here there are just small screens hung up on the ceiling, serving just as a playback device. It is shocking.”
He also noted that a logbook for lock-up patrols contained an entry claiming that a patrol was made coinciding with the time of Fadzrin’s death.
“In the logbook, a remark saying ‘buat rondaan’ (patrol) was added at the time of the deceased’s death. It is highly suspicious as it was the only entry of such nature. It is a cover-up, taking advantage of the discrepancy in CCTV timestamps,” he said.
The judge also found the government, as the employer of the police force, vicariously liable for negligence.
He ordered Putrajaya to pay RM57,600 in dependency costs, RM30,000 in bereavement costs, RM50,000 in aggravated damages, special damages of RM10,000 and costs of RM50,000 to Fadhelah.
Fadhelah told reporters outside the courtroom she was happy with the verdict but still grieving over her son’s death.
“My husband passed away heartbroken over our son’s death,” she added.
Lawyers M Visvanathan, V Sanjay Nathan and V Pushan Qin Nathan appeared for the family. Senior federal counsel Nur Ezdiani Roleb and federal counsel Syafiq Affandy Hasan appeared for the police and the government.
Coroner Norsalha Hamzah previously found that Fadzrin had wanted to take his own life, based on video footage shown in court.
She said there were no criminal elements leading to his death, and that Fadzrin was likely “ashamed to have been caught by police as he was about to get married soon”. - FMT, 20/5/2024
Court holds police responsible for construction worker’s death in custody
Story by FMT Reporters • 3mo • 1 min read
Hidayat Abdul Halim’s brother Faiz (second from right) and representatives from NGOs Suaram and Gegar submitted a memorandum to the AGC requesting an inquest into Hidayat’s death in this 2021 file photo.© Provided by Free Malaysia Today
PETALING JAYA: The Kuantan coroner’s court has ruled that the police were responsible for the death of a detainee at the Pekan police station three years ago.
Construction worker Hidayat Abdul Halim was arrested by police at his home on Oct 8, 2021, after allegedly consuming drugs.
He was taken to the Pekan police station and died 48 hours later. He is survived by his wife and six children.
An inquest was held to determine Hidayat’s death, with coroner Ahmad Zamzani Zain finding that Hidayat died of internal bleeding in his brain.
Ahmad Zamzani added that Hidayat’s death could have been prevented if the police had taken him to seek medical treatment.
During the proceedings, the court heard that Hidayat complained to the officers on duty that he was not well, and that he had also vomited.
The officers gave him a Panadol to ease his pain. Hidayat died the following day.
His family contended that the officers in charge should have consulted their supervisors on what to do when a detainee fell sick.
Lawyers Haijan Omar and Nik Zarith Nik Moustapha held a watching brief for Hidayat’s family while deputy public prosecutor Syarifah Nursyuhada Tuan Mat was the inquest conducting officer. - FMT,. 7/2/2024
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