Police asked to respond to damning video by father of deceased.
- Police asked to respond to damning video by father of deceased.
- If the culture of cover-up continues within the police force, pointless to have an inquest.
- If there is a breach of SOP, cops can be charged
- Allegation that policemen hired to carry out murders and abductions
- Policemen accused of being gangsters
Inspector-General of Police Abdul Hamid Bador should explain why an inquest is preferred to a criminal investigation into possible unlawful actions by police who killed three alleged armed robbers, lawyer N Surendran said.
The Lawyers for Liberty (LFL) adviser said an inquest is usually only held when there is uncertainty over the cause of death.
“Where a criminal investigation by police can determine what has happened, there is no need for an inquest,” Surendran was quoted as saying.
On September 14 in Batu Arang, Gombak, Selangor, three men were shot dead by police after a high-speed chase. The police said two of the men, Thavaselvan Govindasamy and Maghendran Santhirasegaran were gang members who were wanted. The third, Janarthanan, was Thavaselvan’s brother-in-law, a Sri Lankan and British permanent resident who had overstayed his visa.
The police have promised an inquest into the deaths of the trio.
Surendran, however, said there is insufficient basis for the police to call for an inquest over a criminal investigation.
“The police must clearly explain why an inquest is preferable.
“Essentially the IGSO (IGP’s Standing Orders) does not allow the discharge of firearms unless there is threat to life of police or public, or of grievous harm.
“Only a thorough and independent investigation can establish whether there is wrongdoing by police,” he said.
Police say the driver of the car had defied an order to pull over, causing the cops to give chase and resulting in a shoot-out that saw the three of them killed.
The families of the deceased said Janarthanan’s wife, Moganambal Govindasamy was also in the car but is now missing. Police deny seeing a woman in the car with the three men.
Janarthanan’s family also dispute police claims that he was involved in a burglary in 2016 as he was in the UK at the time.
IGP Hamid said on Saturday that police would seek an inquest into the deaths, while expressing confidence that his men had acted in accordance with standard operating procedure (SOP) for discharging firearms.
Yesterday, lawyer P Uthayakumar who is acting for the victims’ families, said police should explain the gunshot wounds on the bodies, which were in the chest for Janarthanan and Magendran, and in the chest and head or face for Thavaselvan.
Thavaselvan also had bruises on his head and body, and a broken hand and tooth, Uthayakumar said in an open letter to Home Minister Muhyiddin Yassin.
Surendran said that if the killing was unlawful, the family could bring a civil suit against the police and the government which is apart from any criminal prosecution that may be instituted by the Attorney-General.
He noted the difficulty in investigating the shootings without a body like the Independent Police Complaints and Misconduct Commission (IPCMC).
LFL director Melissa Sasidaran also said an inquest would only be effective if police are fully transparent about the incident.
“If the culture of cover-up continues within the police force, then it will be pointless for an inquest.
“Because the whole point of an inquest is to determine what had happened, as opposed to a trial where they are seeking to find if a person is guilty or not guilty.
“It is also to hear all parties such as the families and the police on their versions of what had transpired.”
The families do not have to wait for an inquest in order to take civil action suit against those involved in the shootout, she added.
“If there is a breach of SOP, then the police can be charged. The families will have to see what evidence they have and decide with their lawyers.
“They can file for negligence, abuse of power and breach of SOP, but it depends on what evidence they have.”
Meanwhile, Citizens Against Enforced Disappearances (CAGED) has demanded that the police respond to a damning video made by the father of Thavaselvan and Moganambal.
CAGED urged the IGP to investigate a serious allegation that policemen were being hired to carry out murders and abductions.
CAGED said in a statement that Govindasamy had alleged that the killing of his son Thavaselvan and the disappearance of his daughter Moganambal was related to the disappearance of A Sivaguru in 2016.
“In a 14-minute video, in Tamil, Govindasamy alleges that (1) the police shot her as she escaped the Rawang fracas and (2) the police later found her using tracker dogs.
“Govindasamy also mentions Sivaguru. He alleges that (1) his son Thava, one of the persons shot-to-death, has been, for long, a person of interest to Sivaguru, (2) the shootings were masterminded by Sivaguru (3) Sivaguru’s supposed abduction in 2016 was a staged drama, executed by members of the police force, to enable Sivaguru to live freely in Thailand.
“Govindasamy alleges that Sivaguru is abetted by an ‘Inspector Thiru’ and another inspector in Bukit Aman police headquarters. He further alleges that some policemen are in fact gangsters – he insinuates that they are in the gangs known as ‘08,’ ‘36’ and ‘21’.
“Govindasamy says Thava was recovering from a severe injury which made one of his arms practically unusable. He alleges that the police surveilled Thava, then abducted and killed him. He says he expects Sivaguru, Thiru and others to come after him because of what he has exposed.”
CAGED urged the police to question Govindasamy.
Sivaguru, 31, had disappeared in Jeli, Kelantan under mysterious circumstances and the police have revealed little about the matter since.
According to lawyer R Sivananthan, who is representing Moganambal’s family, Moganambal was with the three men that day. Police, he said had informed the family she had been shot in the leg during the incident. But Selangor police denied she was in the car with the three men who died in the “shoot out” with the police.
CAGED said: “Conflicting testimony by police officers during the Suhakam Inquiry (into missing Pastor Raymond Koh and Amri Che Mat) indicating a botched cover-up, facts revealed in 2016 about the Sivaguru affair and the 2018 reference to public confidence when disbanding Special Tactical Intelligence Narcotics Group (STING), makes Govindasamy’s allegations worthy of serious investigation.
“The badly tarnished name of the police must be recovered.”
CAGED said in disbanding STING in October 2018, Home Minister Muhyiddin Yassin had said this was done in order for “the public to retain their confidence and trust in the police force”.
CAGED also said the alleged abductions by the Special Branch, Bukit Aman, of Koh and social activist Amri were botched.
“Because they were botched, the public came to know of them. Because the public came to know of them, the public clamoured for appropriate police action.
“Principally because some officers refused to play along with the attempts of other officers to falsify evidence, an inquiry by the Human Rights Commission of Malaysia, Suhakam, concluded that the abductions of Amri and Raymond were the work of the police – amounting to an ‘enforced disappearance’.”
One of the names which appear in a list CAGED has compiled of suspected enforced disappearances is ‘Sivaguru Arumugam’.
Sivaguru, it said, was reported to have been abducted in Kelantan, on Feb 13, 2016, by members of the narcotics division of the police, Bukit Aman, using black Toyota Hiluxes – “the same type of vehicles used, exactly one year later, to abduct Raymond Koh”.
In the latest development, Thavaselvan was laid to rest today.
His family said Thavaselvan will be buried and not cremated, as they claimed the police did not give them a post-mortem report.
His widow, Jasminder Kaur, 31, maintained that police had killed Thavaselvan and that he had been beaten before he died. She alleged that his teeth were shattered, and his arm was found broken.
“They should (have an inquest). My children lost their father, and my sister-in-law’s children…their father is dead. Their mother is missing. What are the cops doing? Nothing. They keep calling us to give a statement, how many statements can we give?”
Speaking to reporters at her husband’s funeral, she said she stood by their statements made to the police and to the media.
“From day one, there are no changes in our statements. But on the police’s side, they have been a lot of changes. They have been coming up with all kinds of stories,” she said.
“You are here. Are there any gang members here?” she asked reporters, referring to the condominium unit at Kepong where the funeral service was being held.
Related reports:
Sept 20, Family Show Proof Deceased Sri Lankan Arrived in Malaysia Only Recently
Sept 19, Police Confirm Two Killed in Rawang Shootout Were 08 Triad Members
Sept 18, Shootout Puzzle: No Record of Fatally Shot Man Entering Country
Sept 18, Police Deny Involvement of Fourth Individual in Rawang Shootout Incident
Sept 17, Family: What Really Happened in Rawang Shootout?