SEREMBAN: A coroner ruled yesterday that policemen and inmates were responsible for the death of an unemployed man while he was detained at the Tampin district police headquarters in Negeri Sembilan two years ago.

Coroner Datuk Jagjit Singh said that P Karuna Nithi’s death was caused by 49 multiple injuries by blunt objects including physical assault, abuse and unlawful acts by persons unknown, inclusive of police officers and other detainees where Karuna Nithi was held.

Jagjit, who is a Sessions Court judge in Seremban, said in his verdict that there was failure or omission to provide the necessary medical care and attention that Karuna required.

“There was also failure of the police officers to stop other detainees from abusing Karuna Nithi in the police lock-up.”

This is the second verdict this month where police have been found responsible for the death of detainees in police custody.

On Jan 16, coroner Ahmad Bache held police responsible for the death of lorry driver P Chandran through their omission to provide him with timely medical assistance.

Chandran had been detained at the Dang Wangi police station in Kuala Lumpur on Sept 6, 2012 and was held for four days before his death.

Jagjit said having gone through all the evidence, he was satisfied that the cause of Karuna Nithi’s death was a combination of unlawful acts and omissions by person or persons unknown.

“The deceased was a healthy adult with no life-threatening diseases when he entered the lock-up, but ended up dead three days later with 49 external injuries,” he said.

He said a custodial death with that number of injuries should have “rung alarm bells from the word go”.

Jagjit said he rejected the evidence of forensic pathologist Dr Sharifah Safoorah Syed Alwee after extensive examination of the shortcomings in her testimony.

“She had erroneously found that the cause of death was due to ‘fatty change in the liver’. But this cannot be so when the deceased had 49 external injuries,” he said.

Jagjit said CCTV footages from the police station clearly revealed Karuna Nithi was beaten by other inmates and the cops on duty were privy to what happened.

He said some policemen had also contributed to the beating, harassment and bullying based on evidence adduced from the CCTV.

Jagjit admitted that Karuna Nithi was a difficult detainee, adding “but that was no reason to ill-treat him”.

“He was repeatedly transferred from one cell to another because he was having hallucinations, raving and ranting,” he added.

The judge said a policeman also testified that Karuna Nithi’s welfare was neglected because it was thought that he was only pretending to be sick while in the lock-up.

Lawyer Eric Paulsen, who appeared for the family of Karuna Nithi, said this was yet another landmark verdict of which the authorities must take serious notice.

“The judge reiterated a Court of Appeal ruling last year that not a single person should die in a police lock-up. This is also a small victory for human rights,” added Eric, who is also executive director for Lawyers for Liberty.

Co-counsel Dr Dheeraj Bhar, who was a medical doctor, said the rejection of Sharifah’s evidence had to do with her credibility as a professional.

“I hope the Malaysian Medical Council will look into this in light of what the judge concluded,” he added. — The Malaysian Insider

This article first appeared in The Edge Financial Daily, on January 29, 2015.