Tuesday, September 29, 2009


After an 8 months wait, the Kugan's case is back in the news. It was announced that a cop (supposedly referring to just one cop) will be charged 'for voluntarily causing hurt to extort a confession; a charge which carries a maximum jail sentence of seven years and a fine'. The question that many have asked is why just one cop, and the cop is believed to be an Indian cop. Where are the rest of the cops (not corpse), and don't tell me that it is this one single cop who had hammered Kugan lifeless.

I am not a lawyer nor a doctor, but for a person to die in the manner that Kugan did, would require many hours of persistent and deliberate abuse, torture and beating; not by one cop but by more than one cop. I do not know how the law defines 'voluntarily causing hurt', but to my understanding Kugan's death wasn't caused by voluntarily causing hurt, but with deliberate intent to cause death, and that in very simple term means murder. I need to be corrected in this regards.

Too many death have occurred while police custody in the past, and the cause of death is usually claimed to be 'self inflicted'. And I am yet to see one cop sentenced to death for murdering a detained person. Who the hell would want to believe a cocked up story, and of all persons, even the honourable judges would believe these cocked-up stories.

Where are the inquest that the IGP have promised if a detained person dies while in police custody? I am not wrong if I say that there are now many uniformed government employees who are murderers lurking the streets. And if they have blood in their hands, there is nothing to stop them from murdering another one.

These are some of the reasons that the people are angry about. Here we have the PM howling 'Rakyat di dahulukan' but in reality, it is the government servants themselves that are not contributing their share in realising the slogan uttered by the PM.

Undoubtedly, the Kugan's death and the poor handling of the Hindraf issue by the authorities have made the Indian community angry, and just watch how they will vote during the Bagan Pinang by-elections.

And if you ask me if I am angry, my direct answer to you is that I am indeed angry, and this has nothing to do with whether one is a Malay, Chinese or Indian. It has all to do with the indiscriminate abuse, torture and murder by the authorities.



Maj. Ramachandran Ramaswamy Iyer (Retd) said...

Dear Dato'
Thank God, I served the Army. It was an honourable, disciplined and duty bound career.I have no regrets. I am extremely concerned on the bias of AG/IGP/MACC. Now, we are told that civil servants must be scolded in private and women should be caned in public. Dear Malaysia whither goest thou?

abdulhalimshah said...

Dato' Arshad,
From my scant knowledge of the law, it is the Public Prosecutor's duty to frame a charge on the offender based on investigation papers submitted by the Police to his office. Based on the evidence and any other relevant information, a decision is made what to charge him, whether it is murder or lesser offence such as culpable homicide or voluntarily causing hurt.
To the layman, it is not easy to understand the principle of " Mens Rea " and what it constitutes, unless one is a criminal lawyer. One cannot allude to the fact that a few bad apples in the police force should put blame to every personnel in blue. Just like in all branches of the uniformed services, there are the bad and the good ones. We must not pass a summary judgement without recourse to the facts of the case.

FMZam said...


An investigator can go deep into a case or can do it scantily like you if he wants to. Likewise the AG can behave the same too by just accepting whatever report is coming onto his table and take the easy way out by agreeing to it without even thinking. What is so "Men Rea" to you that to a layman like me it sounds just like "Men-struation" so to say. Can't the AG see that it doesn't make sense for the report to be accepted implicating just one man who looks like a scapegoat?

The last time we talked on Kugan in this blog, we talked not just on police brutality but someone flicked to us a similar case happened in the military detention center long long time ago. The morale of this kind of story is that all those murders committed by government employees in their tour of duty, be it by police, military and MACC, are just like "honour killing". The government is indirectly made to conspire with the actions of their employees and has to behave like a father in trying to safe his children from conviction for doing the job entrusted upon them.

In many other blogs where people voiced anger on government over Kugan's case, you'll be surprised to read comments from some pro BN hardcore who endorsed the torture cum murder as a justified act when it is done on a known criminal, where Kugan had been pre-conceived as a common car thief by the media. Public opinion on Kugan has been stirred by the pro government mainstream media that public outrage over the case has been reduced to political fallout.

Is your recourse is the same with those people who branded Kugan a criminal to justify his death at the hand of his tormentor? And he gets death for that while his murderer gets a short jail term?

bukitbayor said...

"These are some of the reasons that the people are angry about. Here we have the PM howling 'Rakyat di dahulukan' but in reality, it is the government servants themselves that are not contributing their share in realising the slogan uttered by the PM."
Sir, the politians can say what they like but it would appear that the little Napoleons will carrry the day.