KUALA LUMPUR, Feb 8 ― The family of Kumar Selvadurai, 34, who died in custody in December, could sue the police and hospital authorities for negligence over allegations that Kumar’s body had been handed over to a third party for funeral rites without their approval, The Vibes reported today.
The family themselves were allegedly informed of his death only 53 days later.
They claimed there may have been negligence on the part of police and hospital authorities in handling the case and the authorities may have failed to observe procedures, especially in failing to inform them and disposing of the body the same day he died.
The family is expected to meet their lawyers for advice on the matter soon, the portal reported.
“There is clear negligence on the part of the hospital. It is a known fact that the body of Kumar was handed over to the NGO on the day he died, and he was buried on the same day at a Hindu cemetery,” Thines Selvadurai, Kumar’s younger brother, was quoted as saying.
“We will resort to legal action if the lawyers advise us to proceed with legal proceedings. We are unhappy with the way they have handled my brother.”
Thines alleged Kumar’s body was handed over to a non-governmental organisation (NGO) within 21 days of his passing. The family suggested the action could have breached procedures on the time period for the disposing of a body.
Kumar’s death adds to a long list of custodial deaths in the country, which critics said is a systemic problem that needs urgent remedy.
Malaysian Bar president AG Kalidas said in a statement yesterday the allegation, if true, casts doubt on the integrity and transparency of the police force, and the manner in which they treat detainees and their families.
“The Malaysian Bar is hopeful that the recently established Death in Custody Investigations Unit set up by the police force’s Integrity and Standards Compliance Department will be able to provide satisfactory answers,” he said in a statement yesterday.
“The police force owes it to the families of the deceased to seek out the truth and to establish trust and confidence in the public whom they are tasked to serve.”
Kumar was reportedly detained at the Kepala Batas police station in Penang on December 10 last year over suspicion of theft.
The younger brother filed a police report on February 5, claiming they were only informed of Kumar’s death the day before – 53 days after it had taken place on December 13.
The family also alleged that Kumar’s body was handed over to an NGO, Hindu Sangam Seberang Prai, supposedly because none of the deceased’s family members came to claim his remains.
Seven custodial have been reported in Malaysia so far this year.
Last month, DAP lawmaker’s Batu Kawan MP Kasthuri Patto called on the country’s leadership to make the authorities be accountable for the numerous custodial deaths, urging a report to be tabled in Parliament in the coming sitting at the end of this month.
