Coroner’s Court implicates Negri Sembilan cops in death of detainee found with 49 wounds
BY IDA LIM
PUBLISHED: JANUARY 28, 2015 05:22 PMUPDATED: JANUARY 28, 2015 07:42 PM
Lawyer Eric Paulsen, who is acting for Karuna Nithi Palani Valu’s family, said the Seremban Coroner’s Court rejected the pathologist’s findings that the man had died of liver issues.
KUALA LUMPUR, Jan 28 — An inquest today found the Negri Sembilan police to have contributed to the death of Karuna Nithi Palani Valu, who had allegedly been bullied and assaulted before he was found dead in police custody two years ago with 49 injuries on his body.
Lawyer Eric Paulsen, who is acting for Karuna’s family, told Malay Mail Online when contacted that the Seremban Coroner’s Court rejected the pathologist’s findings that the man had died of liver issues.
Paulsen said today’s ruling was a “landmark” decision, where the judge “found the police personnel to be directly or indirectly criminally concerned regarding the death of Karuna Nithi”.
In a copy of today’s judgment by Datuk Jagjit Singh Bant Singh sighted by Malay Mail Online, the Sessions Court judge who acted as coroner said he was satisfied that Karuna Nithi’s death was caused by a “combination of unlawful acts and omissions by person or persons unknown”.
“The deceased was a healthy adult male with no life threatening diseases when he entered the lock-up but ended up dead three days later with 49 external injuries,” the judge said, saying that it should have “rung alarm bells” from the beginning.
The judge listed three factors as causing Karuna Nithi’s death, including the “multiple injuries” caused by blunt objects including through “physical assaults, abuses and unlawful acts” by both police officers and fellow inmates.
Karuna Nithi’s death was also caused by the failure to provide the necessary medical care and attention that he needed, as well as the police’s “failure to stop other detainees from abusing the deceased in the police lock-up,” the judge said.
On June 1, 2013, Karuna Nithi was found unconscious while in custody at the Tampin police station and was sent to Seremban’s Tuanku Jaafar Hospital, where a pathologist confirmed his death and issued an autopsy report noting 49 injuries on his body and attributing his death to “fatty change to the liver”.
Paulsen had argued in court submissions that closed-circuit television footages showed his client seriously assaulted, bullied and harassed by his fellow inmates and the police personnel — with the latter allegedly often turning a “blind eye” to assaults.
The police also failed to send Karuna Nithi to the hospital prior to his death despite doubts over his mental health and condition, Paulsen had argued.
Today, Paulsen also pointed out that another lawyer Dr Dheeraj Bhar — who is medically-trained — had questioned the pathologist over the autopsy report, with the latter admitting during the inquest that Karuna Nithi’s liver condition was mild and would not cause his immediate death.
In his submission to the Coroner’s Court, Dr Dheeraj had said that Karuna Nithi was “ruthlessly beaten” with external injuries found all over his body with no area spared, while a check indicated that the injuries were recent.
Today, Dr Dheeraj told Malay Mail Online that the judge had found the pathologist’s report to be “erroneous”, and had instead agreed with his arguments that Karuna Nithi could have died from heart failure due to beatings.
“It’s definitely a very strong possibility because of five injuries over the heart region,” he said, explaining that Karuna Nithi’s heart could have entered a “state of shock” that would have caused his immediate death if it was not brought back to normal conditions.
Dr Dheeraj also said he had pointed out that no medical treatment was provided despite Karuna Nithi having a broken jaw, adding that the judge accepted his argument that beatings could have caused the 42-year-old man’s muscles to be injured and caused biochemical changes that would ultimately lead to his death.
Both Dr Dheeraj and Paulsen asked for the Malaysian Medical Council to look into the pathologist’s conduct, with Dr Dheeraj saying that today’s ruling where her report was rejected casts doubt on her “credibility”.
“We must have a better standard of post-mortem,” Paulsen said, also urging the government to set up a body like the Independent Police Complaints and Misconduct Commission (IPCMC) to ensure proper investigation in cases involving police officers.
When asked if Karuna Nithi’s family will be filing a civil suit against the authorities to claim for compensation over the death of the father of two, Paulsen said he would have to seek further instructions from them.
– See more at: http://www.themalaymailonline.com/malaysia/article/coroners-court-implicates-seremban-cops-in-death-of-detainee-found-with-49#sthash.nsWHbPlt.dpuf