Counsels representing the mother of death-in-custody victim A Kugan in a Malaysian Medical Council inquiry into the conduct of the pathologist Dr Abdul Karim Mahmud today questioned the independence of an expert witness called by the pathologist.

Representing complainant M Indra, counsel M Manogaran said that expert witness Dr Mohd Shah Mahmud's independence was questioned because he was part of the Ministry of Health's probe into Kugan's death.

"We have raised the matter with the panel of doctors in the inquiry," he said, when met in Kuala Lumpur after a hearing in the inquiry into the conduct of Dr Abdul Karim Tajudin of Serdang Hospital.

NONE As head of forensics at the Kuala Lumpur Hospital, Dr Mohd Shah was called as a witness by Dr Abdul Karim, who conducted the first post mortem on Kugan and found that he died of lung congestion.

Dr Mohd Shah headed a 10-person Ministry of Health panel investigating Kugan's death and found that the suspected car thief sustained blunt force trauma, which could have led to acute kidney failure.

The kidney failure in turn resulted in pulmonary edema or lung congestion.

Prior to the panel investigation, Ministry of Health director general Dr Ismail Merican said the ministry was confident that Dr Abdul Karim had conducted his duties ethically.

The Serdang Hospital pathologist's findings were, however, disputed by a second post-mortem by Universiti Malaya Medical Centre pathologist Dr Prashant N Samberker.

Dr Prashant, who had also testified in the MMC inquiry, found that Kugan died of severe beatings which resulted in kidney failure while in police custody in January 2009.

According to Manogaran, when quizzed by the 11-person MMC panel headed by the council chairperson Dr Lim Thian Aun, Dr Mohd Shah admitted that Dr Abdul Karim did not report the cause of the lung congestion.

Still no justice

Dr Abdul Karim had testified in the previous MMC inquiry hearing on March 15, and had elaborated on his report to say that the cause of death was neurogenic pulmonary edema, often caused by hemorrhaging of the brain from head trauma, strangulation, seizures and electrocution.

NONE Kugan's body was marked with bruises and burns, with Dr Prashant's autopsy report detailing evidence of hemorrhaging of internal organs.

The pathologist also reported that the deceased was burnt with a hot rod and starved.

"This was probably the worst case of custodial torture we have encountered.

"It has been two years since Kugan's death and still there has been no justice. There were 11 police officers suspected in the case, but only one was charged and he was acquitted and the appeal date has yet to be set," said co-counsel N Surendran.

Dr Abdul Karim's counsel will give its final submission on July 11. A total of four witnesses testified in the three-day inquiry that began last August, including Dr Abdul Karim and the deceased's mother.

The witnesses were not cross-examined by the complainant's counsels, in accordance with MMC's procedure. The counsels are also not allowed to provide their final submission.