PETALING JAYA, July 13 ― The failure to form the Independent Police Complaints and Misconduct Commission (IPCMC), recommended by the High Court decision in favour of custodial death victim A. Kugan, demonstrates Putrajaya’s “phobia” towards reform, according to PKR’s Nik Nazmi Nik Ahmad.
According to the PKR communications director, the government appeal against the judgment serves no purpose beyond prolonging the suffering of Kugan’s family and wasting resources to pursue an outcome that was against what the public desired.
“The Najib administration should not burden the unfortunate family with further hardship and waste valuable time and money; it should instead reform the Royal Malaysia Police in the manner suggested by civil society, including forming the IPCMC,” the Seri Setia assemblyman said in a statement today.
“The IPCMC is not a conspiracy to humiliate or weaken the police, but rather to make it truly independent and effective for Malaysia’s security,” he added.
Despite the warnings of a backlash if it decides to contest the emotive decision, the federal government has filed a notice of appeal against the landmark ruling, which was yesterday served on the family through lawyer N. Surendran.
Surendran had earlier alleged that the appeal was a bid to muffle the call for the IPCMC.
“It is clear that the appeal has political motives and is related to the ongoing public clamour for the Independent Police Complaints and Misconduct Commission to be set up,” the Padang Serai MP was reported as saying.
“Justice (VT) Singham himself had urged the setting-up of the IPCMC in his landmark judgment,” the Pakatan Rakyat (PR) leader said.
Today, Nik Nazmi said the appeal was also inconsiderate of the family’s pain and the emotional trauma from the earlier trial.
“No mother should have to go through such a difficult experience and we must condemn the heartlessness of the federal government,” he added.
In the ruling over the negligence suit brought by Kugan’s family, the court reportedly awarded the claimants RM751,700 in damages and RM50,000 in costs.
The historic High Court ruling comes after three policemen were charged recently with murdering N. Dhamendran on May 21 while the 32-year-old former lorry driver was under remand in the city police contingent headquarters here.
Including Dhamendran, nine deaths in police custody have occurred this year so far. The latest case is that of a 33-year-old Japanese man who died in his cell at the USJ8 police station lock-up on June 8.
Since 2006, the Bar Council and civil society have been pushing for the implementation of the IPCMC — which was mooted by a royal commission led by former Chief Justice Tun Mohamed Dzaiddin Abdullah — but to no avail as it was shot down by the top brass of the police.
