KUGAN: DIFFERENCE OF OPINION OR SHEER NEGLIGENCE AND INCOMPETENCE?

The second post-mortem report of A.Kugan confirms what we all feared earlier. He suffered serious bodily injuries including a series of bruises, contusions and even burn marks whilst in police custody.

The manner in which these injuries were inflicted demonstrates the intention of those who beat him. To my mind the intention was to cause serious bodily injuries  which could cause death. There are various degrees of assault. Some reflect an intention to merely hurt. Some reflect an intention to kill. It is for  the Attorney-General to decide what the charge should be. To my mind, it ought to be murder.

This case also demonstrates other problems with our criminal justice system. When a suspect dies in police custody, is it fair to allow the police to conduct the whole investigation? Is it not the case that they are interested parties as the death occurred in their hands and therefore could be suspected to be biased?

The first post-mortem was carried out in Hospital Serdang. According to that report, Kugan died of pulmonary oedema. The report does also say that injuries were found on his body which indicate he was severely beaten.

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