Sister wants judicial review of inquest into death of detainee in police custody

  • Nation
  • Wednesday, 03 Nov 2010

KUALA LUMPUR: A factory operator, whose brother R. Gunasegaran died in police custody, has filed for a judicial review on a verdict in an inquest into his death.

Ganga Gowri, 33, filed the application through the firm of Messrs Saibullah M.V. Nathan & Co. at the High Court registry here at about 4pm Wednesday.

Ganga and her lawyer M. Visvanathan were present at the filing.

On Oct 25, the Coroner's Court delivered an open verdict in the inquest of Gunasegaran who died in police custody last year.

In the supporting affidavit, the applicant claimed that the verdict did not reflect testimonies by witnesses and documentation presented in the hearing.

The applicant said that the coroner had referred to a sudden death report in her judgement which the sister claimed was untruthful because the report never existed.

She also claimed that the coroner failed to name in the judgement a police officer, who was recognised in court as the person who had beaten her brother.

She further claimed that the coroner failed to consider the fact that the police witnesses involved in the arrest and detention of the deceased had allegedly lied and made material contradictions in their testimonies during the inquest.

She claimed that there was a miscarriage of justice in the verdict and, therefore, the coroner had erred in her judgement.

Gunasegaran, 31, died on July 16, 2009, between 6.45pm and 7.20pm, when his thumbprint was taken down by the police for processing.

The toddy shop assistant was pronounced dead at 7.40pm in the Kuala Lumpur Hospital (HKL).

Coroner Siti Shakirah Mohtarudin passed the open verdict after finding that there was insufficient evidence needed to record a conclusion.

In her six-page judgement, Siti Shakirah said based on testimonies from witnesses, there were two versions on how Gunasegaran had died and could not conclude which of the two possibilities had caused his demise.

Related Stories: Group stages protest over missing key inquest witness Open verdict on Gunasegaran who died in police custody (Updated) Witness: Police had no intention of concealing detainee’s death ‘Officer forgot to report death of Gunasegaran’ Court issues arrest warrant against cop Family wants inquest to be held

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