second post mortem results

/* March 3rd, 2009 by poobalan | View blog reactions 15 comments »
 Subscribe in a reader | Subscribe to poobalan.com by Email


Updated with copy of the actual report:

YB Mike Manikavasagam released the second post mortem results today which indicated death due to other reasons than fluid in the lungs. Looks like he was really interrogated until died in custody.

My friend, whom I met over lunch just now, said that if 1 out of 10 crooks died due to police doing their job, he don’t mind. The violence of the criminals nowadays are terrible until the public don’t feel safe anywhere. Even recently, a girl was raped before the criminals stole the car (sorry, can’t reveal more for reasons of privacy).

I think it depends on view. Some view it as a human being’s life being taken away, while others say its in the line of duty and unfortunate things like this happens.

However, I think in this modern age, there are many ways to get information out of suspects.  You can’t simply go around whacking the suspect until the person dies. Maybe in the heat of the moment, or due to lack of cooperation from Kugan,  some of the policemen overreacted. Thus, the punishment must be meted out for causing death.

Bottom line is that some one died without being sentenced by court of law. In effect, a crime has been committed.  If Kuhan was shot while attempting to escape from police or while hijacking a car, then its another story.

The second post-mortem on suspected car thief A. Kugan showed that he died after being repeatedly beaten.

The post-mortem, conducted by a pathologist from the Universiti Malaya Medical Centre (UMMC) at the request of the 22-year-old’s family, also showed that he had multiple burn marks.

These V-shaped burn marks are believed to have been caused by a hot iron, said Kugan’s family lawyer N. Surendran at a press conference at the headquarters of political party PKR here Tuesday.

The first post-mortem conducted at the Serdang Hospital mortuary only examined the body from the chest up, Surendran said.

The second, which examined the entire body, found 42 other marks, burns and contusions from the sole of his feet right up to his head.

The UMMC pathologist declared, based on the post-mortem, that Kugan was beaten so badly that his tissues broke down and his kidneys failedi, Surendran said.

The pathologist also found that Kugan had suffered hemorrhaging in his trachea, chest, spleen, stomach, the back of his neck and spine, and there were also signs of hemorrhaging in his heart.

The soles of his feet had many bruises caused by beatings and he also suffered blunt trauma to his skull.

The family will submit the second post-mortem report to the Attorney-General’s Chambers Wednesday afternoon, he added.

…The initial post-mortem revealed that he had died due to fluid in his lungs, but Kugan’s family entered the Serdang Hospital mortuary that same day and took photographs of his body, which showed severe bruising.

… Puchong MP Gobind Singh Deo and Teluk Intan MP M. Manogaran, who were also present at the press conference Tuesday, said that in the future, the Home Ministry should always insist on a second post-mortem when there are doubts over deaths in custody.

Updated report from Malaysiakini:

An independent post-mortem report has revealed that deceased 22-year-old police detainee Kugan Ananthan had endured severe beatings and was also starved during his incarceration.

MCPX

The post-mortem conducted by a Universiti Hospital pathologist who was commissioned by the deceased’s family found that the car theft suspect had died of kidney failure due to the assault.

The beatings had caused a breakdown in Kugan’s muscle cells which then congested the blood flow and resulted in kidney failure.

The findings were revealed by the family’s lawyer N Surendran at a press conference held in the PKR headquarters in Tropicana this afternoon.

“As opposed to the past statement given by the police and the first post-mortem report (which stated that Kugan died of fluid accumulation in his lungs), the second report shows that he had died of acute renal failure due to rhabdomyolysis.

“Which is to say that he died due to the muscle cells disintegrating into his bloodstream and absorbed by the kidney which resulted in kidney failure and death,” said the lawyer.

‘Burnt with extremely heated iron bar’

Showing pictorial evidence to reporters, Surendran said graphic photos taken from the post-mortem report showed that Kugan suffered from massive internal bleeding due to repeated beatings.

“Kugan had hemorrhage in many of his internal organs, his heart, left lung, spleen, kidneys, back of his neck, spine area and the sole of his feet which shows that he took consistent beatings,” he added.

Kugan also suffered from internal bleeding in the scalp area following repeated beatings with a blunt object.

The post-mortem report also stated that Kugan sustained more than 10 severe burn wounds on his back “probably as a result of being burnt by an extremely heated V-shaped iron bar.”

“Almost the entire part of his back is covered with contusions, beating marks and bruises,” said Surendran, adding that the report also indicated that Kugan “was starved during the entire time he was tortured.”

“In brief, it appears that Kugan was severely tortured over period of days and the kind of pain he had suffered is unimaginable.

“One could only imagine what was going through this young man’s mind (during the torture). Perhaps, he had wanted to die (to escape the torture), we wouldn’t know,” he said.

Procedural exclusion in first post-mortem

Another baffling point, said Surendran, is the fact that the second post-mortem report indicated that no examination below the heart area of Kugan’s body was conducted during the first post-mortem.

Surendran said this was puzzling as it is compulsory for any pathologist to conduct a complete check-up.

The independent post-mortem report was commissioned by Kugan’s family after they were dissatisfied with the first report tendered by Serdang Hospital.

Kugan had died on Jan 20 at the Taipan police station in Subang Jaya, five days after he was arrested in connection with the theft of luxury cars.

Meanwhile, Surendran said the second post-mortem conducted by Dr Prashant N Samberkar from the UniversitI Malaya Medical Centre is not just an investigation into the death of an individual.

“This is a damning indictment on the Malaysian police force. I hope the police will hang their heads in shame, institute thorough reforms and stop placing obstacles in the implementation of the Independent Police Complaints and Misconduct Commission (IPCMC),” he stressed.

Report to be submitted to AG tomorrow

Teluk Intan DAP parliamentarian M Manogaran, who was also present at the press conference, said he and other Pakatan Rakyat leaders will submit the post-mortem report to the Attorney-General’s Chambers in Putrajaya tomorrow.

“The AG (Abdul Gani Patail) is duty-bound to act on this report and what Malaysians, in particular Kugan’s family, want is that whoever is responsible for his death be brought to court and answer charges for murder,” he said.

According to Kapar MP S Manickavasagam, from the year 2000 to 2008, there have been more than 80 cases of reported deaths in police custody but nothing has been done to address this.

He also claimed that more than seven police officers are involved in Kugan’s case.

Another DAP leader present, Puchong MP Gobind Singh Deo said the report should give the AG sufficient evidence to act swiftly on the matter.

He also said this incident shows the importance of having an independent post-mortem report done for custodial death cases.

The case was initially classified as sudden death but following the emergence of a video clip which revealed severe lacerations on the deceased’s body and sparked off public outrage, the AG reclassified the case as murder.

Other leaders present at the press conference were PAS Kota Raja MP Dr Siti Maria Mahmud, PKR secretary general Salahuddin Hashim and watchdog group Police Watch director S Jayathas.

Pancakavya helps Sanmargam in farming

/* March 3rd, 2009 by poobalan | View blog reactions 5 comments »
 Subscribe in a reader | Subscribe to poobalan.com by Email


From The Star:

After discovering the benefits of chemical-free farming, one man passionately shares his experience and knowhow.

PART-TIME farmer Sanmargam Kathiravan often shows his visitors a set of “before and after” photographs of – don’t laugh – a goat.

He had bought the sickly, underweight goat in 2006 for RM250 and nursed it back to health over six months. The “after” picture shows a healthy and fatter goat with a shiny coat of hair.

Sanmargam was doing a little experiment to convince himself of the efficacy of an organic growth promoter called pancakavya that is said to be not only good for plants but also beneficial to animals.

“It works in India but we’re not sure if it will work here. So, I did my own R&D (research and development). Take the goat, for instance. It will require few hundred ringgit of medication to treat its cold and skin rashes. But I did it with very little money. Now I can speak confidently of the effectiveness of pancakavya,” he says with pride.

Pancakavya is made from cow dung, urine and milk, as well as yoghurt, molasses and eggs. It takes 20 days to be ready for spraying on plants. It also acts as a pest repellent.

Sanmargam was among a small group of farmers from the northern region of the peninsula who were taken to India a few years back by the Consumers Association of Penang (CAP) to witness how small farmers have found a way out of agrochemical-based farming.

In 1998, the factory production supervisor was planning a jasmine garden as a social security net for his home-maker wife. He reckoned that jasmine would always be in demand from the Indian community, which uses the fragrant flower for religious purposes. He bought a bungalow lot in a medium-cost housing estate in Lunas, Kedah ,to execute his plan.

“I started growing jasmine. Soon, I faced all the problems common among farmers who rely on synthetic pesticides, herbicides and chemical fertilisers. My plants were attacked by insects, the leaves were eaten by caterpillars and the buds were invaded by bugs.

“Other farmers were not willing to share their knowledge and the Department of Agriculture could only advise me on chemical application. Eventually, I moved from using Class 1 to Class 4 toxic chemicals but that didn’t solve the problems. It seemed that the insects were immune to the chemicals,” recalls the 42-year-old father of three sons.

It wasn’t until 2003 that Sanmargam came across CAP which was promoting sustainable agriculture and had brought in a vermi-compost expert from India, Dr Sultan Ismail, for a workshop in Penang.

There was no turning back after that for Sanmargam. He attended further training in India and became convinced about the principle of organic farming. He started rehabilitating his garden by spraying pancakavya once a week. After three months, the routine was reduced to every fortnight and after six months, he only sprayed once a month.

“It completely eliminated the pest problem. Once you stop applying chemicals, you get help from Mother Nature. The birds will pick off the snails and the insects will control one another,” he enthuses.

Sanmargam’s garden not only thrives with organic jasmine and vegetable plots, it is also a mini-laboratory and factory for growth promoters like pancakavya and effective micro-organisms and fungus repellents. The ingredients are sourced locally at a fraction of the price paid for agro-chemicals.

The four-tank vermi-compost system sits in one corner of the garden and churns out several tonnes of organic compost a year, which is used in the garden as well as sold at RM4 per kg for extra income.

And gone are the days when he had to cajole buyers to take his jasmine blooms. “Now, the retailers tell me not to sell to others. Previously, I had to beg them to take my flowers. I can understand their reluctance because the flowers did not last more than a day.

“The organically-grown jasmine not only lasts a few days, even the fragrance is sweeter. This is the feedback from retailers and customers. There’s a money back guarantee for anyone who finds a bug in my flowers,” quips Sanmargam, adding that he now supplies the flowers to six shops in Penang and two in Lunas.

On high demand days, he gets RM3 per tin of flowers and a minimum of RM2 on slower days. Previously, he got as low as RM1 per tin.

Next, he is planning a dream farm where he can raise livestock like cows and goats, and have more space to grow vegetables and fruits. The livestock will ensure a steady supply of cow dung, urine and milk for producing various organic materials for the farm. Sanmargam now speaks widely and passionately about organic farming to farmers at organised events and to those who have heard of his success and drop by his house.

“I believe in the goodness of this system and I want to share my experiences with anyone who is willing to try,” he adds humbly.

Prabakar’s torturers to be charged

/* March 3rd, 2009 by poobalan | View blog reactions No comments »
 Subscribe in a reader | Subscribe to poobalan.com by Email


Home Minister Syed Hamid Albar today revealed that investigation papers on the 27-year-old carpark attendant, B Prabakar, who was allegedly tortured by seven police officers have been referred to the attorney-general.

In a written response to M Manogaran (DAP-Telok Intan), the home minister said the A-G had also instructed that seven police officers involved, to be charged under Section 506 and Section 304 of the Penal Code.

In December 2008, Prabakar had alleged that he was tortured during interrogation by police who beat him with a rubber hose and splashed boiling hot water on his body.

From the parliament

Assembly cannot be convened rules judge

/* March 3rd, 2009 by poobalan | View blog reactions No comments »
 Subscribe in a reader | Subscribe to poobalan.com by Email


As I thought, the judge rules in favor of BN’s Zambry that no assembly sitting can be convened indefinitely, according to Zambry’s lawyers.

High Court Judicial Commissioner Ridwan Ibrahim today granted an injunction sought by Perak Menteri Besar Datuk Dr Zambry Abdul Kadir and the six State Executive Councillors to stop Speaker V Sivakumar from convening any state assembly sittings.

So, would that mean the morning’s assembly is illegal?

Live from Perak

/* March 3rd, 2009 by poobalan | View blog reactions No comments »
 Subscribe in a reader | Subscribe to poobalan.com by Email


A compilation of reports from Malaysiakini (MK), The Star (S), Anil Netto (AN) and delCapo (D), updated as real-time as possible:

11.55am: Those who had lashed out at police personnel when Pakatan Rakayat state representatives were prevented from entering the state secretariat building this morning will be tracked down.

According to Bernama, Ipoh police chief Azisman Alias said more than 200 people had gathered outside the building but there were no untoward incidents.

However, he said several individuals had uttered harsh words against the police, and they would be tracked down from the photographs and videos taken of the incident.

Azisman said the police would also seek the help of the media to publish or broadcast the images of these individuals who attempted to prevent the police from exercising their duty. MK

11.20am:
Nizar to seek audience with Sultan Azlan Shah to ask for dissolution of Perak state assembly as soon as the documents from Tuesday’s emergency sitting under a tree in a vacant lot is completed. S

11.15am: Nizar says three motions were passed during the Emergency sitting on Tuesday – motion of confidence on himself as the legal Perak MB; agreement to seek Royal consent for dissolution of state assembly; and the adoption of the suspension of MB Zambry Abdul Kadir and his Excos by the Rights and Privileges Committee. S

10.57am: Nizar also urged the people to stay calm and follow the law. He urged them not to emulate the troublemakers who had tried to stop him and the other representatives from entering the state secretariat earlier today. MK

10.53am: Ngeh also said that Speaker Sivakumar will initiate contempt proceedings against the police and the state secretary. MK

10.50am: State DAP chief and senior exco member under the Pakatan government Ngeh Koo Ham: “It is a very sad day. We have descended into a police state.” MK

10.49am: Nizar says that he will try to get an audience with the Sultan of Perak to inform him the decision of the House. He insisted that the sitting was held in accordance with the rules and regulations. MK

10.46am: Nizar at the press conference: “We held sitting under a tree based on the doctrine of necessity because we were prevented from entering the assembly but we had to fulfil our duties based on the notice issued by the speaker”. MK

1041am – Shouts of “HIDUP HIDUP…. HIDUP RAKYAT” Nizar gone upstairs of DAP office… probably press conference D

10.36am – Commotion at the DAP office downstairs…..PKR Youth leadership spotted…
Now applause…. *phew*…. D

(10:35am) Nizar proposes that the emergency sitting of the assembly be adjourned. Sivakumar adjourns. S

10.35am: A new twist at the Ipoh High Court. Speaker Sivakumar’s lawyer Tommy Thomas held a press conference to say that the judge had ruled that private lawyers have no legal standing to represent the speaker.

Thomas said that according to the judge only the state legal advisor can act for the speaker since he (the speaker) is part of the state government.

With this ruling, Thomas and the other lawyers withdrew themselves from representing Sivakumar. Thomas said that they would be taking instructions from Sivakumar on the next course of action. MK

10.31am: Sivakumar is now heading towards the DAP headquarters nearby where he will be holding a press conference to explain the next course of action. MK

10.30am: The speaker has adjourned the historic assembly meeting. Sivakumar will now have to present the motions to the Sultan of Perak for further action. MK

(10:25am) Titi Serong rep Dr Khalil Idham says Nizar is the rightful mentri besar and wants him to continue. Canning assemblyman Wong Kah Woh says that Pakatan has ruled the state well since taking over last March.

Teja rep Chang Lih Kang proposes a motion asking for the dissolution of the state assembly to call for a new election.

Both motions are agreed to by all Pakatan reps. S

10.25am: The second motion to dissolve the state assembly was also mooted, debated and passed unanimously. MK

10.23am: The first motion was passed unanimously. Every present Pakatan representative shouted ‘setuju’ (agree) when a vote was taken on the motion. MK

10.20am: The first motion to express confidence on Nizar as the menteri besar is being tabled now. MK

10:21 – They are having the Dewan assembly sitting under a tree! They are meeting right next to my contact’s car. It’s all very formal and they are addressing the Speaker as Yang DiPertua etc. AN

(10:20am) – After “doa selamat” prayers, the meeting commences with the hearing of the first motion from Titi Serong assemblyman Dr Khalil Idham Lim Abdullah.

He says the trust and support have been given to Nizar as mentri besar. Sivakumar asks for the motion to be debated. S

10.18am: Sivakumar is in his full speaker’s robe to chair the meeting. It is held in a very formal manner. He told the viewing crowd not to clap or cheer and to respect the meeting. MK

10:17 – They are starting the proceedings with a prayer as a crowd of about 500-600 look on. AN

10:16 – The Speaker has just announced that he will be holding the sitting of the State Assembly about 50 metres from the entrance in an open space near a couple of
trees. AN

(10:15am) Although allowed entry into the state secretariat building, Sivakumar did not go in. Attired in the official garb of the Speaker, he declares a vacant lot about 200m from the building as the venue for the emergency sitting. S

10.13am – word is… The speaker has started the dewan seating in the compound of the State Secretariat building…. Crowd told to disperse… & now moving away from the area…. FRU formed a line in full gear right in front. D

10.13am: Speaker Sivakumar has decided to hold the emergency meeting right at the car park. All Pakatan representatives are present. Some 300 people are watching this historic proceeding. MK

10.08am: Speaker Sivakumar and Nizar are also seen with the other state representatives at the car park. The impromptu meeting is still proceeding there. MK

10:07 – The Speaker and the PR Aduns are all at one corner outside the state government building. MB Nizar is inside the car. The Speaker seems about to make an announcement as to what they are going to do next, reports another contact at the scene. AN

10am: Nizar and the state representatives are leaving the area. They are headed to the DAP headquarters and will be holding a press conference there. MK

Some 200 Pakatan supporters are still waiting at the state secretariat entrance.

09:57 – All the PR Aduns are now moving to the DAP office opposite the entrance to the state government building, reports my contact. The DAP’s Ngeh says they are going to have a press conference there. AN

9.55am: Ipoh police chief Azisman: “I have spoken to both Ngeh and the state secretary (Abdul Rahman Hashim) and the state secretary said no one is allowed to enter the state secretariat”. MK

9.53am: Senior state exco member under the Pakatan government Ngeh Koo Ham is still trying to negotiate with Ipoh police chief to allow them to enter the state secretariat. MK

09:52 – The five minutes is up for the crowd to disperse, and the water cannon truck has moved to face the crowd. But my contact reports that no one appears to be budging. AN

09:50 – But the Speaker is not entering alone. Why should he enter alone? The Speaker has returned to his car outside and is waiting for the clock to run down to 10.00am. AN

09:49 – The police have used their loud hailer to call the Speaker to enter the building – but only the Speaker alone.

9.47 – Crowd only clearing the area in front of the FRU truck & police circle…staying around to watch what’s next…

09:47 – The police have ordered the crowd to disperse or else…. the water cannons?

09:46 – Kula’s political secretary, Sugu, tells me that they PR Aduns had arrived from the Regency Hotel at the state secretary building at about 9.30am. He said the PR Aduns were met by a group of about 200 Umno Youth supporters who shouted unpleasant things at them.

9.45am: Ipoh OCPD Azisman Alias refuses to negotiate, says no one is allowed to enter. The police are pushing away the Pakatan state representatives away from the main entrance. The situation is very chaotic. MK

942am – Crowd jeered at couple of BN guys… could be Aduns. FRU officer on top of truck making announcement…. ordering crowd to disperse ALERT!

9.40am: Nizar’s people are negotiating with the police now as the FRU are not allowing anyone inside the state secretariat. The crowd now stands at about 200, most of whom are Pakatan supporters. The water cannon in pointed towards the crowd. MK

9.37am – Crowd deserts coffee shop….. Nizar and team of black suits arrived on scene….. blocked. Saw them leaving…. Commotion in the crowd… applause followed by shouts of quarrels…. pray for peace people

9.35am: A group of people numbering about 30 are blocking Nizar and gang from heading towards the main entrance. A major fracas is taking place. MK

09:31 – A little quarrel between an Umno supporter and a PR supporter near the state government building, says my contact there. Shouts of ‘<em>kurang ajar</em>’ can be heard – but more media people around than anyone else. AN

9.30am:Ousted Menteri Besar Nizar and his state representatives arrive at the state secretariat. MK

9.25am: A slanging match ensues between BN and Pakatan supporters at the main entrance of the secretariat. The BN supporters showered profanities at the Pakatan lot who had been shouting ‘reformasi!’. MK

9.21am:The police and FRU trucks are blocking the main entrance to the state secretariat. The Pakatan state representatives are expected to try to get into the building to go to the state assembly through this entrance. MK

9.20am: – The crowd – a good multi-racial one – at the state secretariat has swelled to about 100 now. MK

09:17 – The contact has revised the estimate of the crowd to over 1,000. People are expecting the PR Aduns to show up for the assembly sitting at 10.00am. They Aduns are believed to be holed up at a hotel somewhere. AN

9.15am: – Pakatan state representatives who had earlier met at a nearby hotel are on their way to the state secretariat. MK

09:11 – Another contact outside the state government building reports a crowd of about 800 in the area. That’s close to the 1,000, which delCapo had estimated earlier. AN

9.10am: Lawyers from both sides are in the court house. MK

09:02 – My contact is now in the High Court. The Speaker is being represented by five lawyers. The lead counsel is the good Tommy Thomas and he is being assisted by Chan Kok Keong, Augustine Anthony, Phillip Koh Tong Ngee and a fifth lawyer. AN

9am:About 40 FRU personnel in full gear position themselves at the rear entrance of the state secretariat. Some of them are armed with rifles and tear-gas launchers. MK

08:59 – Jalan Istana, where the state government building is located, has been closed to traffic. AN

8.55am: At the Ipoh High Court – no crowd, no police. Only lawyers for the speaker are present so far. This defence team is led by constitutional expert Tommy Thomas, Chan Kok Leong, Philip Koh Tong Ngee and Augustine Antony. Several other lawyers are expected to join them.

Perak MB Zambry Abd Kadir’s two applications will be heard today. The first is on the Speaker Sivakumar’s use of the undated resignation letters of three BN-friendly independents to vacate their state seats. The second is over the suspensions of Zambry and his six exco members.

The matters will be heard before Judicial Commissioner Ridwan Ibrahim at High Court 4.

Zambry and Co are not expected to be present in court today. Their defence team is led by Mohd Hafarizam Harun with Badrul Hishah Abd Wahab, Faizul Hilmy Ahmad Zamri. MK

8.50am: About 50 curious onlookers have gathered at the rear entrance of the state secretariat. “No signs of any trouble,” says <em>Malaysiakini</em> journalist Andrew Ong.

More than 100 police personnel are on standby at the state secretariat. Dozens of journalists are also ready for action. MK

8.49am – An FRU truck just left the scene…. not sure to get more troops or is there a crowd elsewhere…. D

8.45am – Crowd building up fast around us….. Rakyat Perak Dah Sampai!!!! D

08:33 – Road blocks are up and no traffic is allowed near the state government building. AN

8.30am: Roadblocks have been set up since yesterday along the main road leading to the state secretariat. No vehicles are allowed near the building. MK

08:29 – Blogger delCapo reports that the state government building is crawling with media people and more than 150 police personnel are at the scene. AN