Dear all,
- The inquest hearing for the above case, scheduled for 9am today (09 June 2008), has been postponed for the 8th time as the Deputy Public Prosecutor (DPP) Tuan Asyraf and all witnesses failed to attend the hearing before the Kajang Magistrate YA Mazuliana Bt. Abdul Rashid.
- Watching brief lawyer for the family, Mr James Khong, has recorded his concerns as to the lack of progress of the inquest before the Magistrate. According to him, he cannot object to the postponement of the inquest because inquest of death in custody was not a normal trial. He added, the deceased’s death in police custody occurred in 2003, but for this couple of years, cause of death was still unknown.
- He urged that the Magistrate who sits as a Coroner should speed up the inquest process as requested according to Section 334 of Criminal Procedure Code. He will also provide the court a copy of “Practice Direction No 1 of 2007 - Guidelines on Inquest” which was issued by the then Chief Judge of Malay. The guidelines shall be followed in relation to inquest in the Magistrates Courts.
- The inquest that started in November 2006 had previously been postponed for five times due to applications by the DPP without the knowledge of the family members of the deceased or watching brief lawyers. Neither the magistrate nor the DDP had informed the family members or lawyers on the hearing and its postponements.
- The 7th hearing which was scheduled on 29 February 2008 had also been postponed because the DPP failed to turn up.
- Also attend to today inquest was Moon Hui, coordinator of SUARAM who held watching brief for human rights watchdogs.
- Next inquest hearing is scheduled at 22nd July 2008, 2.30pm at the same court room.
Background of case
Ulaganathan Muniandy (19 year old) an Emergency Ordinance detainee was detained at Kajang Police Station since 12 May 2003 and died on 21 July 2003 at Kajang Police Station. According to the Kajang hospital, the cause of death “cannot be determined”, while family members of the deceased suspect foul play.
According to Ulaganathan’s mother - Tamil Selwee a/p Ramasamy, she found that there were few bruises on Ulaganathan’s body, including swollen eyes, bruises around the region of eyes and swelling on the legs during the visit she made to the Police detention centre.
When the family, with the help of SUARAM, Malaysian Bar Council and volunteer lawyer, filed a civil suit, the Attorney General finally requested for an inquest to be carried out - 4 years after the death.
For further information, please contact SUARAM (Moon Hui) at 03-77843525 or 012-7209981.
It is a sad tragedy of our times that Fufty over years of one Party or One Group rule has left this country in such a morass that none of the security or judicial services are able to function as it was about a generation a go when we had up to date Police investigations; prompt action on crimes; virtually no delays at the Courts; and, most of all none of that great eveil - CORRUPTION.
Corruption at every level both vertically and horizontally or laterally has so corroded every facet of life that none of the apparatus of State seem to function at all. Investigations are shoddy or half baked. Probably half baked Officers are recruited to fill posts and such persons with negligible capabilities just shunt the files and records here and there and finally if the Case is quite public knowledge - close the case by sending a few of the alleged offenders to restricted residences or to be placed under ISA. What a convenience hese two forms of facilities have become to the Security service; the Prosecution services and most of all the Executive in the dingy corridors of sordid power.
The state of affairs may become a little more improved under a different government but the infamous conduct of those who will still be in the Civil Service and Police and Judicial service will not see much change. Malaysians MUST be prepared to continue to live a life just as it is today till the last syllables of recorded time. It is too late to change the mind set of those empty Heads who sit in the crooks and crannies of Government Buildings attemting to sjhow that theyare hard at work if they are not missing from their seats. The concept of “SERVICE” has disappeared. It is “MONEY” that rules our lives from the Prime Minister to to lowest ranking civil servant and worker in every service. All Religions proclaim ” WORK IS WORSHIP - WORSHIP IS GOD:. That will not register in the heads of over One and a Half Million Government and Public servants because they will never understand the meaning of WORSHIP, WORK or SERVICE.