Habeas Corpus application by Uthayakumar to be released from ISA due to medical neglect reason have been rejected by the KL High Court. According to the judge, Justice Suraya Othman:

…the claim by the applicant that he was denied proper medication, treatment and proper diet by the Taiping Hospital and officials of the Kamunting detention camp was not true and without merit.

She said the respondents, the Home Ministry and the camp officials through numerous affidavits had stated that all complaints by Uthayakumar were throughly investigated, diagnosed and proper medications were prescribed by doctors at the hospital.

Secondly, the judge noted that vegetarian diet was provided as recommended by a dietician:

According to Bernama, Suraya said the affidavits also revealed that even the camp officials prepared a suitable vegetarian diet for Uthayakumar, who was diabetic, after being recommended by a dietician.

The NST wrote that:

In the application filed on May 22, Uthayakumar claimed he was denied his medication for diabetes between mid-February and April 6.

Prior to that, Uthayakumar, 46, was taking the medicine that was given to him by his fiancee, S. Indradevi, 36, when she visited him at the Kamunting camp.

Uthayakumar also claimed that he had been denied the diabetic diet he requested. Instead, he was given rice and curry which was sweet.

Suraya said Uthayakumar and another detainee, lawyer R. Kengadharan, had scheduled a meeting with a dietician, but Uthayakumar refused to go at the last minute, while Kengadharan kept the appointment.

The dietician prescribed a diet plan for Uthayakumar which was similar to Kengadharan’s despite him not turning up.

“The court is satisfied that all which could be done within the confines of the law was done by the doctor, dietician and prison wardens to assist Uthayakumar,” she said.

She then highlighted that Uthaya changed his appeal from IJN to overseas treatment citing that local doctors will be subjected to manipulation and pressure from authorities.This she says is alarming and insult to the doctors.

She said in his initial notice of motion on May 22 this year filed via Messrs Edwin Lim & Suren, Uthayakumar, besides seeking his release from ISA detention, or in the alternative (second order) to be admitted to the National Heart Institute (IJN) immediately to seek treatment for his diabetes and heart condition.

However, in his affidavit on July 30, he decided not to seek treatment at IJN and wanted the court to substitute the order to allow him to seek overseas treatment from a medical practitioner of his own choice.

Suraya said the applicant in the affidavit had claimed that he had absolute right to choose medical treatment since local doctors would be subjected to manipulation and pressure from the authorities.

Suraya said the court found the reason given by Uthayakumar to be very alarming since he alleged that he could not trust doctors at the government hospitals and IJN.

“He had alleged that these doctors were incompetent, where the court believes this is an insult to their professionalism.”

She said even Dr GR Letchumanan of Taiping Hospital acceded to Uthayakumar’s request to be sent to IJN immediately although the doctor did not feel his (Uthayakumar) condition merited to be referred to IJN.

“Despite two appointments being made to allow him to be seen by two prominent heart specialists at IJN, the applicant, in the eleventh hour, changed his mind and refused to attend.

“This court feels the sudden change in mind by the applicant showed that he was not serious in seeking medical treatment at IJN,” added Suraya.

No independent medical reports? Wonder why Uthaya’s lawyers never asked for independent medical examination. Or was it rejected?