A link shared at J.I.M Facebook Page on August 10, 2014 at 01:46PM via IFTTT:
http://www.theantdaily.com/Main/Cops-responsible-for-Kugan-s-death-so-who-s-accountable
QUICK TAKE: So, the Court of Appeal has ruled that there should be zero tolerance of custodial deaths and has recommended that independent public inquiries be held on all similar cases.
So, who is taking responsibility or is accountable for custodial deaths in police lock-ups? Or for that matter, any custodial death in the country.
Will it be the individual cops responsible for causing A Kugan’s death? Will it be the officer in charge of police station? Or the OCPD (Officer in Charge of Police District)? Or the Inspector-General of Police (IGP) or even the home minister?
In Bolehland, what can Malaysians really expect when it comes to taking responsibility?
Malaysiakini reported on Aug 8 that the appellate court made the ruling and recommendation when allowing the reduction in the quantum of damages, including waiving of a false imprisonment claim in relation to Kugan’s death five years ago.
According to the Malaysiakini report, Kugan’s family is awarded RM701,700 in exemplary damages including tort of public misfeasance (abuse of power).
The summary judgment of the decision was read out by Court of Appeal judge Justice David Wong Dak Wah. The other judges who were favourable to maintaining most of the damages were Justice Mohd Arif Mohd Yusof and Justice Mah Weng Kwai.
Mohd Arif led the three-member bench.
Wong, in describing this as a difficult case as the law had yet to be developed especially in cases of public misfeasance, said custodial death cannot and should not happen in this country.
“There should be zero tolerance to any custodial death in all remand centres in the country. And should custodial death happen, a public independent inquiry must be initiated commensurate with the right of the family to know of the deceased when there is some doubt as to the cause of death.”
Wong noted as the country does not have an ombudsman system recommended by the royal commission of inquiry, the court would have to take up the role.
An ombudsman, as imposed in some parliamentary democracies, is a public advocate with a significant degree of independence, who will be responsible in looking at the interests of the public in investigating mal-administration and violation of rights.
“In Malaysia we do not have ombudsman or an Independent Police Complaint and Misconduct Commission (IPCMC) for police reform. In this case, the intention of Kugan’s family is clear and that is to hold the defendants responsible and accountable for their unlawful action as public officers.
“It is not just a case of merely being compensated, it is more and that is to ensure that the public officials who are supposed to be guardians of the constitution are brought to task and that such unlawful actions should not happen again. Remand prisoners are innocent until convicted in a court of law and are entitled to their basic human rights.”
What has IGP Tan Sri Khalid Abu Bakar got to say now about the way his men and his force are handling law enforcement?
http://www.theantdaily.com/Main/Cops-responsible-for-Kugan-s-death-so-who-s-accountable
QUICK TAKE: So, the Court of Appeal has ruled that there should be zero tolerance of custodial deaths and has recommended that independent public inquiries be held on all similar cases.
So, who is taking responsibility or is accountable for custodial deaths in police lock-ups? Or for that matter, any custodial death in the country.
Will it be the individual cops responsible for causing A Kugan’s death? Will it be the officer in charge of police station? Or the OCPD (Officer in Charge of Police District)? Or the Inspector-General of Police (IGP) or even the home minister?
In Bolehland, what can Malaysians really expect when it comes to taking responsibility?
Malaysiakini reported on Aug 8 that the appellate court made the ruling and recommendation when allowing the reduction in the quantum of damages, including waiving of a false imprisonment claim in relation to Kugan’s death five years ago.
According to the Malaysiakini report, Kugan’s family is awarded RM701,700 in exemplary damages including tort of public misfeasance (abuse of power).
The summary judgment of the decision was read out by Court of Appeal judge Justice David Wong Dak Wah. The other judges who were favourable to maintaining most of the damages were Justice Mohd Arif Mohd Yusof and Justice Mah Weng Kwai.
Mohd Arif led the three-member bench.
Wong, in describing this as a difficult case as the law had yet to be developed especially in cases of public misfeasance, said custodial death cannot and should not happen in this country.
“There should be zero tolerance to any custodial death in all remand centres in the country. And should custodial death happen, a public independent inquiry must be initiated commensurate with the right of the family to know of the deceased when there is some doubt as to the cause of death.”
Wong noted as the country does not have an ombudsman system recommended by the royal commission of inquiry, the court would have to take up the role.
An ombudsman, as imposed in some parliamentary democracies, is a public advocate with a significant degree of independence, who will be responsible in looking at the interests of the public in investigating mal-administration and violation of rights.
“In Malaysia we do not have ombudsman or an Independent Police Complaint and Misconduct Commission (IPCMC) for police reform. In this case, the intention of Kugan’s family is clear and that is to hold the defendants responsible and accountable for their unlawful action as public officers.
“It is not just a case of merely being compensated, it is more and that is to ensure that the public officials who are supposed to be guardians of the constitution are brought to task and that such unlawful actions should not happen again. Remand prisoners are innocent until convicted in a court of law and are entitled to their basic human rights.”
What has IGP Tan Sri Khalid Abu Bakar got to say now about the way his men and his force are handling law enforcement?
.JPG)
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