A-G’s Chambers mulling appeal over judgment in Kugan’s case

  • Nation
  • Friday, 28 Jun 2013

KUALA LUMPUR: The Attorney-General’s Chambers has yet to decide whether to appeal the landmark judgment in the civil suit filed by the family of suspected car thief A. Kugan, who died in police custody.

Senior Federal Counsel Azizan Md Arshad, who acted for the police and the Government, said they had applied for a full judgment from the judge.

“We will decide whether to appeal after reading the full grounds of judgment. We have one month,” he added.

In the landmark ruling, which saw the family of Kugan winning RM801,700 in damages, High Court judge Justice V.T. Singham said former Selangor police chief Tan Sri Khalid Abu Bakar, now the Inspector-General of Police, was liable to misconduct in public office.

Justice Singham also found the police and the Government liable for Kugan’s death from grievous injuries at the Taipan police station on Jan 20, 2009.

The judge had on Wednesday awarded damages for loss of support, funeral expenses, pain and suffering, assault and battery, false imprisonment, misconduct and exemplary damages.

Justice Singham said the nature of injuries on Kugan, who sustained 45 categories of external injuries on his body and a wide range of internal injuries, spoke volumes of what had happened during his detention.

Kugan’s mother N. Indra, 46, had named Khalid, former constable V. Navindran, former Subang Jaya OCPD Asst Comm Zainal Rashid Abu Bakar (deceased), the Inspector-General of Police and the Government as defendants.

Lawyer R. Ramesh Sivakumar, who acted for Navindran, said that he would file a cross-appeal if the A-G’s Chambers appealed the ruling.

“I have no complaint against the judgment,” he said.

Ramesh said his argument was that Navindran was not solely accountable for Kugan’s condition.

“If the A-G’s Chambers files the appeal, it will argue again that Navindran was solely responsible for Kugan’s death,” he added.

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