Kin of man who died in lock-up seek action after court rulings
SEREMBAN: The family of a man who died in a police lock-up several years ago wants action against the perpetrators after the High Court maintained findings that he succumbed to injuries from being assaulted.
“Today is the third time a court has ruled that my brother was beaten,” said P. Elam Sezhian, 49, the older brother of the deceased, P. Karuna Nithi.
“From his injuries, we know he died a painful death,” he added outside the court yesterday.
Karuna Nithi, then 43, died after being assaulted in the Tampin police lock-up in June 2013.
“We hope the authorities will initiate investigations and act against those responsible for my brother's death,” Elam Sezhian said.
Earlier, Judicial Commissioner Muhammad Jamil Hussin said there was no reason for the court to revise the verdict of the Coroner’s Court.
“The court hereby maintains the findings ... delivered in April last year,” he said in his brief judgment.
In January 2015, the Coroner's Court ruled that Karuna Nithi had sustained 49 external injuries from being hit with blunt objects.
It said his death was due to physical assault, abuse and unlawful acts of persons unknown, including police officers and other detainees in the lock-up.
It also found that the victim’s death was accelerated by failure or omission to provide him with the necessary medical care.
The prosecution then appealed but in April last year, the Coroner's Court maintained its earlier findings.
Police detained Karuna Nithi at about 5.30pm on May 28, 2013, after his wife lodged a report that he had assaulted her following a quarrel at their home at Rumah Rakyat Taman Muhibbah in Gemencheh.
The deceased had, however, lodged a report earlier in the day admitting that he had assaulted his wife, then 42, because he could not take her verbal abuse.
The following morning, he was taken to a Tampin magistrate’s court where a four-day remand order was issued.
On May 31, Karuna Nithi was charged under Section 324 of the Penal Code with causing hurt and offered RM4,000 bail. He was, however, taken back to the lock-up because his family could not raise the amount.
A policeman who went to check on him at about 6pm the following day found him unconscious in his cell. He was pronounced dead four hours later.
A final post-mortem report prepared by specialists from the Tuanku Jaafar Hospital then said the cause of death was due to fatty liver and hypoglycaemia and/or electrolyte imbalance.
His family lodged a police report, claiming that he was in good health when he was arrested.
Police then recommended an inquest to establish the cause of death.
Nik Azhan Hakim Nik Mahamood appeared for the prosecution while Eric Paulsen represented the victim’s family.