Monday, February 28, 2022

It is the CORONER and not the police that determines whether there was a criminal element in custodial deaths - Police must respect the law and keep quiet until Coroner decides?

Not the police, it is the CORONER that determines whether anyone is criminally liable for and a death in custody. That is the role and duty of the Coroner. The police disrespects the law when they come out with premature announcements like no criminal elements in the 6 deaths, only present in the one death. 

Police can express their views, but should also clearly inform the public that the Coroner is yet to determine the cause of death, including whether there was anyone criminally liable for the death.

Died because of COVID-19 - the police can be criminally liable if the suspect contracted Covid in police custody. The police could also be liable if the suspect was not speedily sent for medical treatment, and this delay may make one criminally liable.

The HOME MINISTER on 16/12/2021 talked about medical examination of the suspect as soon as he was arrested - The Custodial Medical Unit(CMU). This should have been SOP long time ago - and the government delay must be criticized. There is an urgency that this medical examination of all suspects arrested is CRITICAL.

Di samping itu, Kementerian sedang dalam proses menambahbaik pengurusan lokap PDRM melalui pewujudan Custodial Medical Unit (CMU) di lima (5) Lokap Berpusat PDRM dengan Lokap Berpusat Bayan Baru, Pulau Pinang dijadikan sebagai projek rintis. Kementerian turut merancang untuk melaksanakan pemeriksaan kesihatan ke atas tahanan melalui pelantikan panel klinik swasta. Dengan kaedah ini, pemeriksaan tahap kesihatan tahanan dapat dibuat dengan segera sebelum tahanan.

Now, if the doctor says that a suspect is healthy, and he/she dies later for some medical reason that the doctor failed to notice - then the doctor may be criminally liable. I do not understand why the Home Minister is talking about a panel of private clinics - it is best that this medical examination be conducted in government hospitals, who also do have the needed equipment like X-Ray machines, MRI, etc to do a thorough check up. The Health Ministry also will have the medical records of patients in their system.  

A private clinic panel - would there be abuses? corruptions? - As it is in our criminal trials, courts tend to favour that medical testimonies be given by government doctors...


See earlier posts:-

Minister WRONG - Death in Custody goes to CORONER, Public Prosecutor (not AGC) comes in to review decisions of Coroner later..

Another Death in POLICE custody?

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????

Contempt Proceedings Against Home Minister and Others for failure to complete inquest in death in custody cases as directed by the Judiciary?

If proper procedure followed, 63 year old accused will be alive today, and not died in a police lock-up

Other relevant posts:- 

2022 2nd Death in Police Custody(16th Jan) - Pengkalan Chepa. Coroner - Tell us how he died? 

3rd Death in Police Custody in 2022 - at this rate, for 2022 we will get 36? All police lockups have CCTV by end 2021

4th death in police custody in 2022...Where is the Coroner - has he seen the body, started investigations,...??

Out of 7 custodial deaths, only 1 with criminal elements, say police
Seven custodial deaths have been investigated so far by the police’s criminal investigation unit on deaths in custody which was set up last month. (Reuters pic)

KUALA LUMPUR: Investigations into the seven custodial deaths which have occurred so far this year show that only one case involved criminal elements, Bukit Aman said today.

Integrity and standards compliance department (JIPS) director Azri Ahmad said of the seven cases reported, four were deaths in lock-ups.

In the other two cases, the suspect died at the hospital while a third died on the way to hospital, he said.

He gave the assurance that all cases of custodial deaths will be investigated by the criminal investigation unit on deaths in custody set up under JIPS last month.

Investigations will be conducted transparently without any compromise, he told a special media conference in Bukit Aman today.

Azri said the police had proposed that an integrated clinic be set up at police lock-ups to monitor the health of those in police custody.

Under the current police SOPs, persons in police custody with health problems will be referred to the nearest hospital - FMT.

.Police confirm detainee’s death in custody in JB

Police have confirmed that a local detainee suffered from sudden death at the Seri Alam district police headquarters lock-up in Johor Baru yesterday. — Picture by Ahmad Zamzahuri
Police have confirmed that a local detainee suffered from sudden death at the Seri Alam district police headquarters lock-up in Johor Baru yesterday. — Picture by Ahmad Zamzahuri

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KUALA LUMPUR, Feb 20 — Police have confirmed that a local detainee suffered from sudden death at the Seri Alam district police headquarters (IPD) lock-up in Johor Baru yesterday.

Bukit Aman Integrity and Standards Compliance Department (JIPS) director Datuk Azri Ahmad said the male detainee, aged 49, had previously been detained under ‘Operasi Pemutihan’.

“The detainee was being investigated under Section 39 (A) (1) of the Dangerous Drugs Act (ADB) 1952 and was waiting for the mention of his case on April 10,” Azri said in a statement tonight.

He said the detainee complained of shortness of breath on February 16 and was sent to the Sultan Ismail Hospital before being found unconscious at 7am on February 19.

“The detainee had also tested positive for Covid-19, however, the cause of death has not been ascertained, and will depend on the analysis of reports and pathology laboratory tests,” he said.

Azri added that the JIPS Criminal Investigation Unit on Deaths in Custody would conduct an investigation into the case. — Bernama

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