KUALA LUMPUR, May 23 — Former constable V. Navindran was ordered to serve three years' jail after his appeal against his conviction for the custodial death of A. Kugan was rejected yesterday.
The three-man bench of the Court of Appeal headed by Tan Sri Md Raus Sharif said there was no justification to reverse the High Court' ruling that upheld Navindran's conviction on two counts of causing hurt to the suspected car thief who had then been in police custody, according to a report by The Star.
“We see no reason to disturb the jail sentences passed against him. We are of the view, on the circumstances of the case, that the sentence imposed by the Sessions Court was not manifestly excessive,” Md Raus was quoted as saying.
Kugan died in police custody at the USJ Taipan police station on January 20, 2009. Kugan, 22, was detained as a suspect in a luxury car theft case.
In 2012, Navindran — the only policeman charged over Kugan's death — was sentenced to three years' jail for causing hurt to the 23-year-old. He appealed this unsuccessfully at the High Court.
On January 13, 2012, Kugan's family filed a civil suit against then-Selangor police chief Tan Sri Khalid Abu Bakar, who is now Inspector-General of Police, Navindran, former Subang Jaya police chief ACP Zainal Rashid Abu Bakar (now deceased), the then IGP and the Government.
On June 26, 2013, the High Court ruled that Navindran was liable for the suspected car thief's death in custody and ordered the former policeman to pay damages to the family.
Navindran was also found guilty of malfeasance in the death and the family was awarded RM751,700 in damages and RM50,000 in costs.
The damages were later reduced on appeal.