Coroner rules police, other inmates to blame for detainee’s death

BY V.ANBALAGAN, ASSISTANT NEWS EDITOR

Published: 28 January 2015 4:40 PM

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

Coroner Datuk Jagjit Singh said the cause of death of P.Karuna Nithi 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 required by Karuna Nithi.

“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 January 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 September 6, 2012 and was held for four days before his untimely death.

Jagjit said having gone through all the evidence, he was satisfied that the cause of Karuna Nithi’s death was due to 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 closed circuit television 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.

Karuna Nithi, 42, was found unconscious inside his cell by a policeman who went to check on him at about 6pm on June 1, 2013.

He was rushed to the district hospital but was pronounced dead upon arrival.

Police had detained him at about 5.30pm on May 28 after his wife lodged a report that he had assaulted her following a quarrel at their home at Rumah Rakyat Taman Muhibbah in Gemencheh.

Karuna Nithi had also lodged a report earlier in the day admitting he had assaulted his wife because he could not take her verbal abuse.

He was taken to the Tampin magistrate’s court the following morning where a four-day remand order was issued.

On May 31, he was charged with causing hurt and was allowed a RM4,000 bail but was taken back to the lock-up because his family could not post the amount to secure his release.

Police have maintained there was no physical abuse involved in his death although family members alleged there were fresh injuries on his body.

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

“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.

He said Dr Sharifah was supposed to “speak for the dead person” but her findings were not justified.

Co-counsel Dr Dheeraj Bhar, who was a medical doctor, said the rejection of Dr 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. – January 28, 2015

– See more at: http://www.themalaysianinsider.com/malaysia/article/coroner-says-police-other-inmates-to-blame-for-detainees-death#sthash.bi5KHiSR.dpuf

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

Act against pathologist, urges counsel

Co-counsel Dr Dheeraj Bhar has accused a pathologist, who gave evidence into a death-in-custody case, of having ‘faulty knowledge’.

SEREMBAN, Jan 29, 2015:

The Malaysian Medical Council was taken to task over an erroneous report by a forensic pathologist on P. Karuna Nithi’s death in police custody.

The Seremban Coroner’s Court yesterday rejected the pathologist’s post-mortem report after discovering shortcomings in her testimony.

It ruled that the 42-year-old died in police custody due to several factors, including being beaten up by police and inmates.

Co-counsel for Karuna Nithi’s family, Dr Dheeraj Bhar, told reporters after the court’s ruling today that it was obvious that there was “a certain amount of bias-ness in her report”.

Describing her as possessing “faulty knowledge”, the former medical doctor-turned-lawyer said coroner Datuk Jagjit Singh Bant Singh had declined to buy the pathology’s testimony that Karuna Nithi died due to a fatty liver, with clear evidence that he was assaulted by police and lock-up inmates. This was via closed circuit TV (CCTV) recordings.

“The forensics speak for the dead through their investigations. She clearly did not do so.”

Dr Dheeraj said that Sharifah needed to improve her knowledge, with the MMC making a point to conduct an inquiry and proceed with disciplinary proceedings.

Adding that her questionable knowledge was not up to a par to head the state, Dr Dheeraj also slammed the pathologist for concluding that the haemorrhage Karuna Nithi sustained on his chest was due to cardiopulmonary resuscitation (CPR).

He wondered how the conclusion came about as no CPR was conducted, based on the inquest, except for traces of gel found on the deceased’s chest.

Dr Dheeraj said the pathologist’s lack of independence was also a serious cause of concern for the public at large.

Meanwhile, the Malaysian Bar Council is in the process of proposing to the Attorney-General’s Chambers (AGC) to make it mandatory for its members to hold watching brief in all cases of death in custody when the Coroner’s Bill is proposed to be passed in Parliament soon, Negeri Sembilan Bar chairman Puspanathan Sellam said.

“Unfortunately, the punishment for the culprits causing such deaths is not severe enough or viewed with seriousness by the authorities concerned.”

He added that the punishment had to be reviewed and revised to sustain public trust in the system.

Karuna Nithi died on June 1, 2013 in a police lock-up in Tampin after his arrest on May 29. This was following an altercation with his wife.

Read more: http://www.therakyatpost.com/news/2015/01/29/act-pathologist-urges-counsel/#ixzz3QBckxznL

Malaysiakini

Coroner: Detainee’s death caused by cops, inmates

The Seremban Coroner’s Court ruled today that the death of police detainee 42-year-old P Karuna Nithi two years’ ago was the result of assaults by both policemen and other lock-up detainees.

Coroner Jagjit Singh noted that Karuna Nithi, an engineer, had 49 injuries – mostly bruises – all over his body.

“My verdict is that Karuna Nithi’s death was caused by multiple injuries as a result of physical assaults, abuses and other unlawful acts by persons unknown but inclusive of police officers and other detainees in the police lock-up where the deceased was detained.

“Furthermore, his death is also due to the failure in providing him the necessary medical care and attention that was required and failure of the police officers to stop other detainees from abusing the deceased in the lock-up,” Jagjit said.

“His behaviour does not give reasons for him to be physically abused by police officers and the inmates,” the coroner added.

Karuna Nithi (above) was first remanded at Tampin district police station in late May 2013 following an altercation with his wife and further detained when his family could not raise his bail after he was charged in court.

He was found dead in a lock-up at the Tampin district police headquarters on June 1, 2013.

Jagjit, who is a Sessions Court judge sitting as coroner, said the deceased was a healthy adult male with no life-threatening diseases when he entered the police lock-up.

“But he ended up dead three days later with 49 external injuries. A custodial death with 49 external injuries should ring ‘alarm bells’ from the word ‘go’,” said Jagjit in his judgment.

Kicked hard by cop

This is the second verdict delivered by a coroner’s court on police liability for the death of a detainee. On Jan 16 in Kuala Lumpur, coroner Ahmad Bache had also ruled that the police acted unlawfully in denying medical attention to detainee P Chandran.

Police CCTV recordings from Karuna’s lock-up showed him being assaulted by policemen and other detainees while in the cell.

Testimonies in court also revealed that he was transferred a total of nine times from one cell to another and at one stage was even left in the corridor of the police station.

Lawyer Eric Paulsen, who appeared for the family, had detailed the assaults that Karuna suffered and submitted CCTV footage which among others showed a policeman opening the door to Karuna’s cell and kicking him so hard that he stumbled backwards and fell to the floor.

Other footage showed the assaults the deceased suffered from his fellow inmates during which he was punched and kicked.

The pathologist’s report from the Seremban general hospital listed the deceased’s list of injuries as bruises to the head, chest, abdomen, shoulders, arms, and legs.

Pathologist in spotlight

Co-counsel Dr Dheeraj Bhar submitted that the evidence showed that Karuna was ruthlessly beaten and that he died either due to skeletal muscle tissue damage or agitation of the heart.

Earlier in court, the forensic pathologist who conducted the post-mortem listed Karuna’s death as caused by ‘fatty change of the liver’.

Dheeraj, when contacted, said the coroner’s decision today was a landmark in that he agreed with counsel that the deceased could not have been killed as a result of a ‘fatty liver’.

“The coroner further described the pathologist report as erroneous. This raises a point of concern as the pathologist heads a department in Negeri Sembilan and Malacca but her knowledge is faulty.

“She needs to be investigated […] we will discuss with the deceased’s family and possibly lodge a report against the pathologist with the Malaysian Medical Council,” said Dheeraj.