Kugan's case: Unsettling questions remain.

David KL Quek | Apr 9, 09 12:33pm
DR DAVID KL QUEK is past editor-in-chief of the MMA (Malaysian Medical
Association) News for 11 years and currently president-elect of the MMA.:

It is laudable that the Ministry of Health had taken the preemptive move to help diffuse the public anger regarding the custodial death of Kugan Ananthan, especially in the light of discrepancies between two separate
post-mortems.

Whether an inquiry initiated on its own behalf is the correct avenue to address the public unease about this custodial death, is open to differing interpretation, acceptance or otherwise.

Any inquiry if it should be made at all should be carefully-constituted, thoughtfully empanelled and well-empowered by law. Its terms of reference
must be made absolutely clear. It must uphold the final truth.

It must be based on facts and rational analyses of findings which are consistent, and which should be striving towards the ultimate truth of what actually is the cause of death or its contributing factors.

It should not be simply to water down discrepancies which would need fuller explanation and perhaps further elaboration from the actual forensic pathologists who had performed their respective tasks. These pathologists
should be allowed to defend their findings and interpretations.

Furthermore, more expert and renowned forensic pathologists should have been invited to give their interpretations as to the facts of the findings and their weightage of causes of death, especially since there had been
unmistakable evidence of torture, i.e. undeniable beating marks and
unexplained bruises. These experts should be fiercely independent and thus unimpeachable.

Most importantly, this inquiry held behind closed doors, should not be seen to be papering over any misdeeds of any authority which it may be perceived as trying to defend.

Also, since this is not a public hearing and we know that the second
pathologist declined to take part in the inquiry, this may make the report less than solid or above reproach. Seniority of pathologists is no measure of professional competence. Forensic evidence based on previous precedents and specialist experience, and not conjectures should be the essence of any
meaningful truth-finding exercise.

It is usually disingenuous and pointless to assume another chance event as having taken place to be the cause of death, just because it is possible. Suggesting the unlikely pathologically- unevidenced diagnosis of acute
myocarditis is simply conjecture. Whichever is more probable and plausible is usually the truth, to paraphrase the legendary Shelock Holmes.

Doctors are alarmed by seizure. Unfortunately, because of these glaring slants to the report, questions will continue to linger as to whether this report is truly independent and whether all the inquiry members are in agreement with the findings.

The legal standing of the report is still questionable, and may be
challenged in a proper court. It might be better to have a public inquiry where all queries and representation can be made known to the satisfaction of the public, and especially, the victim's family.

To add salt to injury, doctors are aghast and very alarmed that the police had raided the UMMC pathologist's office and taken the material records of his autopsy findings. We are also shocked about media reports that tissue
samples for toxicology which had meant to be sent to an independent
laboratory in Australia had been intercepted and seized by the police.

Toxicological studies should always be allowed to enable proper and independent discovery of the truth. Denial of such a legitimate avenue for forensic finding would prejudice against the police, and make their action that much more difficult to accept or to tolerate.

Therefore, this arbitrary seizure is reprehensible, unprecedented and
certainly breaches normal procedures of medico-legal discovery. Usually only detailed reports are obtained from court-approved injunctions and demands.

Medical records and details are nominally the property of the physician in charge or the facility where he practices, and should only be made available
under a court order, and are usually never confiscated or seizable by any enforcement authority.

There are clear procedures to be followed, and are well articulated in handbooks for the police and enforcement authorities, clearly established by the UN Center for Human Rights. I'd like to reiterate that: "International
humanitarian law prohibits the following acts in all situations: - murder; - torture; - corporal punishment; - mutilation; -outrages upon personal
dignity; - hostage-taking; - collective punishment; - executions without
regular trial; - cruel or degrading treatment."

Such extrajudicial actions should never be made in a climate of intimidating circumstances just because these events may mar the good name and professionalism of the police force.

It is difficult to comment when the DG of Health decides to come forward and announce this so-called independent inquiry, which incidentally incorporates
two foreign specialists. At best this inquiry had added to the confusion of being a third interpretation into this sad case of custodial death and did
not refute the probability of torture.

Adhere to humanitarian principles

Any custodial death in any instance the world over, is inexcusable, wrong and criminal. The UN Human Rights Committee has defined "Extralegal, arbitrary or summary executions as deprivation of life without full judicial
process, and with the involvement, complicity, tolerance or acquiescence of the government or its agents. This includes death through the use of excessive force by police or security forces."

Torture is further defined by the United Nations Human Rights Committee (UNHRC) and its Committee against Torture (CAT as: "Any act committed with intent to cause severe pain or suffering, whether mental or physical, for
purposes such as: (a) obtaining information or a confession; (b) punishing, intimidating or coercing."

Therefore, torture of any one suspect or detainee or prisoner is never condoned, whether this leads on to death is immaterial (but which only adds to the grievousness of the crime), and is liable for prosecution in any
international court of law.

Kugan's custodial death and other possible past custodial deaths should be given a truly independent investigation by a publicly open Royal Commission
or Inquiry or even by Suhakam.

It is time that we adhere to humanitarian principles as we grapple with our modernisation to become a developed people and nation. Our human development
index as a civilised nation must necessarily rise proportionately.

We call on the police and law enforcement agencies to respect these tenets of modern life and human rights and urge them to abide by these nondiscriminatory rules as a norm. Only then, can we believe and respect their true and usual professionalism again.

Spinning for the "Real Ketuanan Melayu" ......

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
"The Lord of the Manor does not make enemies of his charges.
Instead he looks after all their needs and interests.
For that he is called the 'Lord of the Manor'.
Itulah Ketuanan yang sebenarnya."
- Syed Akbar Ali, Lets Start The Perubahan : Ketuanan Melayu

"..... But we have some real ass@#l@s."
- Mathias Chang, Why I Am Happy .....
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

Well said Syed ..... well said. Good job.
Jeez, Dude - I didn't know there was a "Real Ketuanan Melayu" ...... thanks for the enlightenment! What were the "real Malays" thinking ....
I curse all these guys who made me fall for the "UnReal Ketuanan Melayu" - may the fleas of a thousand Arab Camels infest them where the sun don't shine(Mathias Chang calls them ass@#l@s!!
It almost made me burst with pride to know that this was what Umno meant all along - and that it was only these days that they got it all wrong.
You know what? I'll go see Fr. O.C Lim, and confess that I have wronged Umno-ites who have had such depth to their philosophy since the 513 they brag about. Maybe I'll even flog myself silly for having "sinned" in ignorance against Umno.

This is lipstick on a pig. Crap when repackaged and resold, is still crap, Syed. No matter how you try to twists the words, to mean something "magnanimous" - they'll still stink to the high heavens. Redefining four letter words don't make them any less vulgar, Syed - and that applies to the term "Ketuanan Melayu".
The very notion of the literal interpretation of the words send nothing less than a Fascistic Nazi message of supremacy to the "uninitiated", who may not be able to comprehend the deeper 'divine nature' of it all as defined by the spin-masters.

It is simply a symptom of a much more malignant illness which plagues Umno (vis a vis the Govt)- for a long time now. It is something that many Malaysians from all walks of life have been lamenting all these years.
It is just something that Malaysians have gotten used to - disgust with Umno's philosophical bankruptcy.

It has been there since you were a child - the only difference is, they boldly express themselves these days. The vulgarity of the posters are no less then the call for a chinese bloodbath, or the waving of the kris with blood curdling screams from "eminent persons" who feign innocence.

Really Syed - It beats me how you could've missed the fact that this was indeed the culture within Umno since its inception - overtly expressed or not.
Forget Mr. Chris or Mr. Mongolia - One needs to look no further than the institution of BTN to see an even uglier facet of the political ideologues who rule the nation. The ("New") economic policies which are akin to that of Pietr Botha's South Africa, is the manifestation if it all. The Arab wannabes are of course a whole new chapter in the "Ketuanan Melayu" ideology ....

What was expressed in the posters is the least of the problems, Syed - which Umno needs to confront and eradicate. What it needs to do is dismantle the institutional racism and apartheid that has become synonymous with the Govt. It is something which unlikely to change for some time, 1 Malaysia (among many) not withstanding.

Come what may, it's better late than never.
Nevertheless, well said Syed - after all these years, thanks to you, I now believe in Santa Claus.

Another "Kuganized Criminal"?

Thinner-drinking detainee: Family seeks answers

(MalaysiaKini report)

Andrew Ong | Apr 10, 09 6:15pm

The family of Adi Anwar Mansor, 23, wants the police to explain how he had allegedly drank paint thinner and sustained injuries while he was held under police custody.
According to the family’s lawyer, N Surendan, there were doubts over the police’s account of the incident as there were injuries on Adi Anwar’s body.
"The story that he consumed thinner is pretty thin. The police have to explain where the injuries came from," said Surendran, adding that a letter has been submitted to Klang district police chief Mohamad Mat Yusop to seek clarification.
The letter also urged the police to immediately suspend any police officers suspected of hurting Adi Anwar pending investigations by an independent body.
Adi Anwar is currently semi-conscious and is under observation at the intensive care unit of the Tengku Ampuan Rahimah Hospital in Klang.
Mohamad was quoted in the media today as saying that Adi Anwar was arrested for alleged drug possession at about 11.30pm on Tuesday in Jalan Kebun.
The police chief had said that Anwar was near a table at the police station and reached for a bottle containing the poisonous liquid and consumed it before police officers could stop him.
On the injuries sustained by Adi Anwar, Mohamad was reported to have said it could have occurred during the scuffle when he was apprehended.
Don’t cuff unconscious man
Mohamad stated that the man was being probed under Section 39(A) of the Dangerous Drugs Act for possession of 44 grams of cannabis.
The report also quoted Adi Anwar’s sister Noraila, 21, who claimed that her brother sustained lacerations and bruises to his head.
Meanwhile, Surendran said that he would be meeting the Klang police tomorrow to secure the release of Adi Anwar from police custody in order for the family to seek treatment.
Surendran also criticised the police for handcuffing the detainee to the bed despite him being semi-conscious.
"There is no need to handcuff him. He is not going anywhere in that condition," he said.
PKR Youth vice-chief Khairul Annuar Zainudin who visited the family yesterday told Malaysiakini the incident was regrettable, particularly after the public outcry over the death of police detainee A Kugan.
"Just a few days ago, they released the findings of the Kugan case and again this has happened in Selangor. It is regrettable. Didn’t the police learn anything from that episode?" said Khairul, who distributed pictures of Adi Anwar in the ICU ward to the media yesterday.
Khairul also urged the new Prime Minister Najib Abdul Razak, who promised reforms, to look into the matter as well as police lock-up procedures.

Why did Altantuya have to die?

Why did the prosecution or defence not call the police aide to Datuk Seri Najib Razak who recommended the policemen to political analyst Abdul Razak Baginda?

The Malaysian Insider

Why. That is the start of many questions that have yet to be answered in the Altantuya Shaariibuu murder trial.

The Shah Alam High Court today convicted two policemen for her October 2006 death. We now know the who, when, what, where and how of the entire murder. Inspector Azilah Hadri and Corporal Sirul Azhar Umar have a right to appeal the sentence which carries the mandatory death penalty.

The trial has ended but we still don't know the whys.

Why did the prosecution or defence not call the police aide to Datuk Seri Najib Razak who recommended the policemen to political analyst Abdul Razak Baginda?

That was the tenuous link the opposition have picked on to link the prime minister to the killing. There have been wild allegations that have even appeared in newspapers across the world, including statutory declarations and cautioned statements, that have haunted Najib since the beginning of the sensational case.

Why did Altantuya hound Abdul Razak? That she even risked coming to this country to meet him but to no avail.

Why didn't he just lodge a report for harassment? But went and asked a favour from a friend in the police force.

Why did the policemen commit the crime? She was an interpreter in a country far from home and surely no threat to anyone but she died a horrible death. Why?

Why did Abdul Razak's private investigator P. Balasubramaniam disappear after filing two statutory declarations that contradict each other? And why is he still missing?

All we know is that she is dead and two people have been convicted of her murder.

We also know the trial has broken records such as being the most number of days for hearing at 159 and the most number of witnesses at 84 during the prosecution case and just two during the defence stage.

And according to police records, Azilah has been detained in prison for 891 days and Sirul, for 895 days.

But in none of those days or from among the witnesses and the accused have any of these questions been asked and answered.

And that is really what it is about, why did Altantuya have to die?

The Slim & Trim Cabinet of Appeasement

And The Fall Guys for The Murder are .....

"In the People's Champion's statutory declaration, he claimed to know that Pekan's wife was at the scene of the crime — supervising the murder, no less — along with two people who until then had never been mentioned before ......
Then again, rational human beings do not normally keep plastic explosives in their possession, in case they have to detonate Russian-speaking Mongolian single mums."

-Yusseri Yusof, We Know Nothing But That She is Dead

++++++++++++++++++++++++++++++++++++++++++++

In the spirit of "1 Malaysia, People First And Performance Now",

Cops to hang for Altantuya murder

SHAH ALAM, April 9 — Policemen Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar were today sentenced to death by the High Court for murdering Mongolian national Altantuya Shaariibuu, ending one of the longest trials in Malaysian history.

Azilah, 33, and Sirul, 37, were found guilty of killing Altantuya, 28, and then blowing up her body in a jungle clearing at nearby Bukit Raja between 10pm on Oct 19, 2006 and 1am the next day.

The two members of the Bukit Aman Special Action Squad (UTK) were charged under Section 149 of the Penal Code, which carries the mandatory death sentence upon conviction.

On Oct 31 last year, the same court acquitted political analyst Abdul Razak Baginda, 48, of abetting them in the murder, which drew intense international scrutiny due to its tenuous link to newly-minted Prime Minister Datuki Seri Najib Razak.

The former aide to the then deputy premier walked free without ever having to enter his defence and has since moved to Britain.

The courtroom was full with media and family members of the two accused but not as packed as Razak's verdict day. Azilah looked relaxed earlier, smiling to his fiancee and family. He even sprayed himself with cologne. Sirul only appeared at the last minute.

==============================

Kenapa Azilah dan Sirul sentiasa memakai topeng khas?

What? Another "Independent" Post Mortem?

Umno deputy president Tan Sri Muhyiddin Yassin said he would propose to party president Datuk Seri Najib Tun Razak that the post-mortem to be carried out not by Barisan but by an independent body.Muhyiddin said they hoped to find out the real reasons for Barisan’s defeat.
-Independent body to do post-mortem on results, StarOnline

==========================================

Some things never change - "Dulu, Kini dan Selamanya"!!
When Muhyidin spoke of an "Independent Post-Mortem", I thought that he was going to talk about a new independant commission to do a post-mortem on the findings of Ismail Merican's independent commission's findings on the Kugan Reports! But alas - that was not to be on Kugan's body ..... it is only to "investigate" the cause of their 4 drubbings in a row.
"He also said the results were not an indication that the people had rejected the country’s new leadership". Of course - it only indicates what they believe it indicates - that "the new leadership factor was still very new and had yet to sink in peoples’ mind."
And a "maybe" to - “Maybe, the people are still undecided, so we will have to work harder to convince them,” he said.
Najib must be relieved that he has managed to pass the buck in losing one by-election after another......

After the March 8th clobbering they got, with the by-elections, the score is now 4-1 for Pakatan, after Permatang Pauh, Kuala Terengganu, Bukit Gantang, Bukit Selambau and Batang Ai. Umno being Umno, being the geniuses that they are, have yet to figure out the reason for their defeat.
Poor guys - they must be still burning more ringgits trying to put together a good spin to justify their losses.

Of course it isn't the fault of Umno - it is the people! The people don't understand the significance of having an allegedly tainted but great leadership which promises "One Malaysia Among Many" ..... but of course with the help of some old dogs using the same old tricks.

They'll never accept the fact that it's the faces they see every morning that betrays themselves and the people. They still live in an age where they believe the people will hoist them up on their shoulders no matter what.

Some guys just cannot learn to accept defeat or their shortcomings, can they?