The Malaysiankini story:
Convention demands minister's head
Joe Fernandez | Jan 29, 09 12:22pm
Convention demands that Home Minister Syed Hamid Albar should immediately resign for the actions of those under his direct authority, said senior lawyer Gopal RajKumar.
Gopal, who is currently based in
"It's becoming more and more apparent that there exists within the Malaysian society, a culture of abject and unmitigated fear and ignorance of what is esoterically termed the law," he said in an email to Malaysiakini.
"The many varied responses, excuses and attempts at justifying Kugan's death, while in police custody, are a manifestation of the breakdown of law and order at the very highest level of the state.
"The injuries resulted in his death. Even if it did not, it points to something more sinister than merely attempting to elicit information under interrogation," he added.
According to Gopal, the minister's culpability in the 'sordid affair' is implied by his and the police department’s own ‘misconduct’ and where it cannot be immediately proven, he must accept inference as punishment based on 'his own standards and that of his charges'.
The police, he said, had applied their own collective ideas of what constitutes guilt and punishment outside of the Federal Constitution and legislative directions.
"Further, he (Syed Hamid) should quit because of the enormity of the crime perpetrated against Kugan, the ultimate sanction against a life without lawful authority. Kugan is not merely an individual but each and everyone of us who identifies with being human," he added.
Not an isolated case
Gopal also pointed out that the youth's death, which has been classified as murder, was not an isolated case.
The lawyer cited estimates from undisclosed sources to show that the authority of the home minister has been tainted with the deaths of more than 1,000 people in custody over a period of time 'with no plausible excuse or reason available'.
He asked if ministers are "competent, capable or civilised enough to hold office when they demonstrably lack any quality for human values, respect or dignity by their deafening silence in the face of murder."
"There has to be also a changing of the guard from the incumbent prime minister - who suffers from the arrogance of ignorance in the highest office, to one who is more pragmatic and deft in dealing with such issues with less equanimity.
"What could otherwise have been an administrative wrong-doing has, by default, now taken on racial, international and illegal dimensions of such a magnitude for which all Malaysians will eventually pay heavily for failing to act on time," he added.
Gopal expressed hope that Malaysians would stand together for the preservation of a principal and the maintenance of their laws.
"If even one precedent is allowed to depart from the Federal Constitution and the laws, then no one is safe," he said.
+++++
Anyone else demanding the Deputy's (Chor) head.....this might help....
23 people died in the country’s police lock-ups between 2002 and July 2003. Out of this total, 16 died in 2002. During the same period, 425 prisoners died during their incarceration, 237 of them in 2002; this is an average of 19.75 deaths per month. The monthly average for the first seven months of 2003 rose to 26.86 deaths per month, with 188 fatalities reported in prisons nationwide. Deputy Home Minister Chor Chee Hueng refused to specify the cause of the deaths.
Asian Human Rights Commission -
20 comments:
Home Science Minister Magoo must resigned or be booted out by teh PM.
He has further tried to elicit sympathy for the Police ahagainst Kugan and his family by saying Kugan had 'made a statement' to the Police about his alleged involvement in a Car Theft Ring.
The Minister is clearly out of his mind. Will any court accept this so called statement by Kugan after his death while in Police custody?
There is also a concerted effort by the MSM, BN Govt and its blogger supporters to misdirect the blame for this sordid away from the Police involved by highlighting 'mob attack at morgue' which it clearly was not since there was no violence and two MPs were there to precisely ensure things did not get out of hand.
It was this that forced the issue of a 2nd unbiased post mortem to be concluded rsulting in the AG (surprisingly) classfying Kugan's death as murder!
Ministers must protect the weak and uphold the law and not attempt to flout it!!
Btw Zorro, there have been 1535 deaths in custody between 2003-2007as reported by the RC. I believe the answers given in Parliament have been selective and perhaps even terminologically inexact!!
http://donplaypuks.blogspot.com
http://donplaypuks.blogspot
Most strange of all, Gopal Raj Kumar goes under the name of marchant888 - apparently quite infamous and allegedly barred from many pro-PR websites. You can see some of his posts on the Star citizens blog, and he has, up until now, seemed to be on the side of the BN. Some even called him an apologist. This seems an interesting about face.
Zorro, another one from M'saikini. Somethings wrong with this Botak by YB Lim. This botak must go! F him good.
Low
It pains me to see why our so called guardians are hopeless and helpless, basking in their ill-gotten gains while the rest of the country lives in abject fear,ignorance & total hypocricy save for a few brave men. I am specifically talking about our bloated inconsequential Royal Clan which you and co have wasted a mountain of a pitiful resource of wayward petitions, confirming what I have always felt, that many of us while brave and responseful , usually bark at the wrong tree and so on , with a mountain of crisp and wonderfully supportive screaming high comments/bravados from bored armchair readers too if I may add.
Now why is our home minister and that Penang pendatang guy and many more hehaving like thugs ...and we can do nothing ? except Blog ? really something is terribly wrong with the whole of Malaysia ! No solution except a regime change probably as a quick fix, and so we await similarly tainted Anwar again... since there is clearly no other. How terribly sad indeed.
You should have Bersih 2 , 3 or 4 until they fall or we die . simple as that. can you do that ? Then you are the real zorro
this moron has the temerity to make this mother of disastrous statement-"dont make criminals heroes and cops as demons".
no, he is as usual, wont take responsibility for all the ilks in the police force. he is beyond accountability. Morons, like him continue to degrade the office of the Home Ministry. Still wonder why BN is in shambles?
I am just trying to figure why his equally mornoic deputy is so quiet this time round. Pempena and PKA burdening him?
Not only the minister and his deputy, please include IGP and the police force has to go through major overhaul and review their authority to prevent abuse of power that seem to be their favorite pastime.
Pak Lah, you should fire these people.
criminals or heroes lets do a comparison. WHO ARE THE ACTUAL CRIMINALS
Rahim thamby chik - criminal or hero ? = alleged rape of a minor
Jamaluddin jarjis - criminal or hero ? - alleged molestation while drunk
ahmad ismail - criminal or hero ? Seditious statements
Daim - criminal or hero ? Metromac scandal and others- toll concessions
hishamuddin onn - criminal or hero ? Seditious kris waving
MAHATHIR M - criminal or hero ? THE KING OF CORRUPTION= MONIKER, MR. 10%
kHIR TOYO - criminal or hero ? land grab, theft, abuse of power, defamation
MOHAMMD TAIB - criminal or hero ? timber scandals, Mr mafia Hi,self
BOTAK ALBAR - criminal or hero ? sand contracting, loss of batu putih, corruption, GROSS STUPIDITY!
RAZAK BAGINDA - criminal or hero ? do you need to ask
NAZRI taxi - criminal or hero ? taxi permits anyone
RAFIDAH - criminal or hero ? AP QUEEN
C4- ALTANTUYA - criminal or hero ? do you need to ask
tengku adnan - criminal or hero ? LINGAM BACKSIDE BUDDY
Lingam - criminal or hero ? TENGKU ADNANS BACKSIDE BUDDY
Do we need to go on and ask this question> how many more names can you add
Can someone please sue this botak for defamation- Kugan was not sentenced by a court of law- the family should demand a total clearing of his name, He was suspected but not substantiated in court,
Where is the proof > believe the POLIS> DIDN’T THE POLICE SAY HE DIED FROM FLUID IN HIS LUNGS> IT IS THE POLICE ACCUSATION THAT HE IS A CAR THEFT SUSPECT. Lets look at it logically, you are an innocent bystander, the police pick you up, bring you in and ‘INTERROGATE’ you, AFTER BEING BEATEN SENSLESS, ANYONE WILL ADMIT TO ANYTHING> EVEN MURDERING ONE’S own mother, eventhough she may be alive and safe at home. SO HOW AM I TO BELIEVE ANYTHING THE POLICE SAYS? Look at the hot boiling water incident, a recent case where the Police picks up a Indian chap who had just started work as a carpark attendant from Sri Hartamas, brought in for being a suspected gangster. beaten up, had hot water poured on him, hanged by a rope, than paid off with RM500, to not complain or make a POLICE REPORT> We saw the burn marks on his body, his cousin who was also arrested is still missing in police hands> WHERE IS THE COUSIN? NOW WHO AM I TO BELIEVE> THE SO-CALLED “CRIMINALS” or our very own “HEROS” in blue? what say you folks who would you believe? REMEMBER our CPO KHALID’s claim that he gave an order for dispersal, but not when people were singing the NEGARA KU, VIDEOS PROVED HIM TO BE A LIAR. SO WHO TO BELIEVE. Also if the second post mortem reports defers from the first, THE DOCTOR WHO MADE THAT REPORT SHOULD ALSO BE CHARGED WITH MURDER, for falsfying a post mortem report. THE HOME MINISTER SHOULD RESIGN, INCLUSIVE OF THE IGP, CPO, DISTRICT OCPD AND ALL OFFICERS INVOLVED. TENDER IN YOUR RESIGNATION NOW. Actually Badawi where the fock are you, YOU ARE STILL THE P.M. THE BUCK STOPS AT YOUR DOOR. WHAT IS YOUR ANSWER MORON?
There is a 10 ton elephant sitting in the room and nobody is talking about it, WHY? BECAUSE IT IS "SENSETIVE", WHAT percentage of the Police force is controlled by one race- no wonder there is so much abuse, corruption, incompetence and sheer arrogance. WE HAVE TO ASK THIS FUNDAMENTAL LESSON, WHAT IS THE QUALIFICATIONS OF THE 'POLICEMEN", are they chosen for their skills, knowledge, education, NEP, or is it a case of Kulitfication or employable morons who cannot get jobs. ARE MEMBERS OF THE POLICE FORCE FORMER MAT REMPITS> graduating to become policemen after roaming the streets and learning the tricks of the trade,> street smarts? WE DEMAND A ROYAL COMMISSION ON THIS MURDER, AND BOTAK RESIGN.
I don't think anyone should want his head. Why? Because there is nothing inside.
Don't get interrogated or asked to attend NS... might end up dead. haha
I copied this from Charles hector's site, and it answers and raises many fundamental questions.
read and comment.
The law has been amended in Malaysia - and the prosecution/police generally cannot anymore use statements or confessions obtained during police custody.
113. Admission of statements in evidence.
(1) Except as provided in this section, no statement made by any person to a police officer in the course of a police investigation made under this Chapter shall be used in evidence. - Criminal Procedure Code
This law came into being recently, I believe, after there were serious concerns about the methods employed (including torture) that resulted in these 'confessions'.
There are a few exceptions, possibly like if the charge was about the making of false statements, etc
Hence, really there is no reason to 'force', 'threaten', 'beat up', 'pour boiling water', etc...to get the suspect to confess or make any statement..., is there?
Hence, we wonder what really is the reasons for 'torture' in police custody.
Maybe, the police (who may not have sufficient evidence) is just taking the law into their own hands and imposing punishment on those they feel are 'guilty'. The duty of the police is to investigate. The duty of the prosecution is to to decide whether to prosecute..and then prosecute. The duty of the court is to determine whether a person is guilty or not... and, if the court finds a person guilty, then the court shall sentence in accordance with the law.
It is very wrong for the police to arbitrarily take to 'imposing sentence' on persons - by beating, etc...and even sometimes just shooting them dead.
Presumption of Innocence Until Proven Guilty - this is something that must not only be grilled into the police but also our Home Minister ... who in his statements so far (that I have read) seem to not yet said anything calling on the police to stop using 'torture' to illicit statements from accused.
The Minister seems to be saying that it is OK - provided a person does not get killed in custody. This is not enough.
The Minister must be strong against any form of torture of persons arrested and/or in the custody of the police.
Enforcement officers are often caught in a dilemma, said Home Minister Datuk Seri Syed Hamid Albar.
"They are caught between protecting law-abiding citizens and ensuring that human rights are not violated in the process of enforcing the law.
"If someone dies in custody, there is no compromise. We will investigate and take action.
"Equally, it also violates human rights if criminals are allowed to hurt people. The people also have the right to feel safe and secure."
The home minister urged the public not to hail criminals as heroes and enforcement officers as demons for doing their job.- New Straits Times, 29/1/2009, Syed Hamid: Don't demonise cops
Even after the death of Kugan, the Minister sides with the police and in fact goes on to 'demonize' Kugan. Show some human decency. Show some respect. Kugan is no more here to be able to defend himself - and the Minister takes this opportunity to paint him as a 'bad criminal'. What is the Minister doing? Is he trying to say it is OK for the police to torture...to kill persons in custody?
Syed Hamid said initial investigations into Kugan's arrest revealed that the deceased had links to a gang which was believed to be involved in 19 robberies.
He said three of the gang members, including Kugan, were arrested but the gang leader was still at large.
Described as violent and dangerous, the gang is top on the police's wanted list.
"The gang, usually armed with parang, would stage an accident before robbing their victims.
"I am not pinpointing anyone, just explaining what the gang had been doing."
Syed Hamid declined to reveal evidence on the gang as investigations were still ongoing.- New Straits Times, 29/1/2009, Syed Hamid: Don't demonise cops
And, it seems that all that alleged 'beating and torture' of Kugan was worth it, as they got Kugan to give the police evidence..
He said Kugan had given information in his statement to the police, adding that police were trying to round up the gang. - New Straits Times, 29/1/2009, Syed Hamid: Don't demonise cops
All the reports say Kugan Ananthan was arrested on suspicion of his being involved in a luxury car theft syndicate. Other reports state that while under police custody, Kugan provided the police information that led to the recovery of at least 13 vehicles. In other words, these were not routine car thefts we're talking about - but high-end models intended for resale at top prices along with all the necessary documentation. Such a syndicate would be extremely well-connected, with agents working inside the police force, JPJ, customs & excise, perhaps even the home ministry itself. In effect, if Kugan was indeed part of the syndicate, he would have posed a serious danger to the entire syndicate. Even if he had confessed & revealed everything he knew, he would have had to be killed - in case he dragged in too many Umno bigwigs.
We can speculate all we want, but the inalterable fact remains: the home minister is ultimately responsible for the actions of the police force. If Hamid Albar had no idea what sort of brutality was going on inside his police stations, then he must resign for being an utterly incompetent minister; and if he knew about it, then his resignation won't be sufficient, as he would be an accessory to cold-blooded murder.
SAY WHEN WE CAN SEE FAIR PLAY
Indeed what a heavy price to pay
When the dead will have no say
Except for the injuries to display
When do we ever get to see fair play?
(C) Samuel Goh Kim Eng - 290109
http://MotivationInMotion.blogspot.com
Thur. 29th Jan. 2009.
Don't forget the doctor who prepared the first post-mortem report. Don't forget....
PDRM = Gestapo = Pembunuh Di Raja Malaysia = License to kill anyone
Of course Kugan gave the statement that he is a car thief. With that kind of bruises found on his body, he would have confess that Obama is his accomplice. Comeon man that Kugan died "confessing", If I am the judge, I would send those who presented the confessions to prison. Bloody atrocious.
And how can we have a Police Chief who lied in Public that Kugans family barge into the mortuary. That Polis officer and the Home Minister must resign.
same cpo lied about the ISA vigil incident. he lied about the barging incident. the doctor who did the first post mortem has not been truthful. hamid lied when he alluded that kugan is a criminal.
lies, lies and damn lies.
when will BN come clean and be honest?
In Hindi, 'Chor' means Thief! go look it up....
There are three crimes associated with Kugan.
The alleged crime of theft.
His murder.
The cover-up!
I started writing on this and it got a little too long....so moved it into my blog.
The term 'Innocent until proven guilty' is a luxury accorded only for ruling govt and their accomplices. All others beware, you can get 'KUGANED'
Dear Bernard,
RPK & his Special Bunch did a mighty sacrifice to attend this "Historic" event of the funeral & burial of the late Kugan - insignificant to the Powers-that-be...but the Anak bangsa Malaysia mourned for him & for Justice.
My deepest condolence to his family.
In the final analysis, my take is that those persons were “instructed” to eliminate people who either knew the “Real Truth”, were a “Threat” to the “Powers-that-be or were “In the way to OBSRTUCT a BIG DEAL” & it would appear to be almost the same as the Altantuya case although they could have done the “PI Bala” strategy, but would not have removed the threat permanently!
Enough has beeen said about the “Poor & Unfortunate” victims in this Bolehland’s “Law of the Jungle” & may Altantuya, Kugan & the many others’s soul FINALLY rest in peace with my deepest condolence to their families.
What goes round will come around to “Haunt” the pepetrators of these “Unnecessary & Brutal” assassinations !
Sad to see this great nation Malaysia administered by the British Tuans, then handed over to the Malaysian TUANS under Bapa Malaysia Tunku Abdul Rahman Putra & his Malaysian cabinet of TRUE TUANS managing the system of Wesminster style Democracy & with the Rule of Law in 1957, getting “Hijacked & Betrayed” by the “Elite UMNO Ketetuanan BEGGARS” in 1969.
For 40 years, instead if teaching their own kind to “Learn to catch their own FISH”, they took the easy way out to maintain their “False” sense of Security & Power by using the “Ketetuanan” policy - you vote UMNO, we give you “Fish” & the rot set in to what it is today - I am an UMNO member/supporter (beggars!) & “Where is my “Fish”….you Leaders are “Stealing my allocation” & the beat goes on….!
This great nation, its assets & its Anak Bangsa Malaysia have been abused for the last 40 years by these “Moronic Idiots & their Goons” through “Gutter Politics” & the “Law of the Jungle”.
UMNO & its Leaders are now “Destroying” each other with “Power & Greed” & this is through “Devine” intervention.
Every new day will be another “New Revelation” to reveal the “Truth” in its Self Destruct motion towards its “Demise”.
Just give them enough rope to “Hang” themselves at every turn in their “Final” chapter.
May God bless, guide & protect this great nation, its remaining assets & its Anak Bangsa Malaysia forthwith.
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