KUALA LUMPUR: A coroner’s court today ruled that a former lorry driver who was under police custody died due to police negligence or omission.
Coroner Mohd Zulbahrin Zainuddin said even though the death of R Thangaraja was related to coronary heart disease and diabetic complications, the deceased could have been saved if the police had given him timely medical assistance when in the lock-up.
“The failure to give him early medical aid is connected to the negligence of the lock-up management authorities,” he said.
Coroner Shamsudin Abdullah read the verdict of Zulbahrin, who has since been transferred to hear civil cases.
Zulbahrin said Thangaraja, then 36, could have died between 8.30pm on Nov 18, 2015 and 12.30am the following day at the Dang Wangi district police lock-up.
Zulbahrin said the court did not have the jurisdiction to determine who was responsible for the criminal offence as this came under the purview of the public prosecutor.
“However, the overall evidence points that there is an element of negligence or omission by the Dang Wangi district police lock-up administrators,” he added.
A total of 15 witnesses gave evidence in the inquest with deputy public prosecutor Norakmal Farhan acting as conducting officer to assist Zulbahrin.
Lawyers M Visvanathan and Chan Yen Hui represented the family of Thangaraja.
The deceased was arrested together with another person in Cheras on Nov 15, 2015 for alleged involvement in stealing cars.
Zulbahrin said Thangaraja had a history of diabetes since he was 21, and depended on insulin to check his sugar level.
He said medical officer Dr Muhammad Yazid Sahak also received 13 insulin pills, a blue insulin pen and insulin needle with cap when Thangaraja’s body was sent for a post-mortem at the Kuala Lumpur Hospital.
“Based on evidence, this court concludes that the deceased was suffering from chronic diabetes,” he said.
Zulbahrin said the arresting officer, ASP Faizal Abdullah, should have ensured the suspect took his medication before being sent to lock-up.
A magistrate ordered Thangaraja be held under remand for three days from Nov 16.
The coroner said the deceased had informed the magistrate of his medical condition, and that this was clear indication that he needed medication even under investigation.
He said Thangaraja was produced again before a magistrate on Nov 18 but this time the remand was extended to one more day.
“The magistrate ordered him to be sent to hospital on seeing his physical condition, but this was not done,” Zulbahrin said.
He said it was also unacceptable for those on duty at the Dang Wangi police lock-up between Nov 16 and 18 not to be aware of Thangaraja’s medical condition.
Meanwhile, Visvanathan said he had obtained instructions from the deceased’s widow, K Kalaivani, to file a suit for negligence against the police.
“This was needless death and a family has lost a breadwinner due to an oversight by the police,” he told reporters after the verdict.
Visvanathan said death in custody in Malaysia was not exclusively an Indian issue but a national problem based on the number of deaths as revealed in Parliament early this year.
A home ministry reply to Sungai Siput MP Michael Jeyakumar revealed that there were 110 deaths in police lock-ups between 2010 and 2016, with Malays making up the most at 41. The others were Indians (27), Chinese (20), foreigners (20) and others (2).
Of the 110 who died, nine committed suicide, one died after being injured by a policeman, and the rest died due medical ailments, according to the government.