The mother of Kugan Ananthan, who suffered a brutal death in police custody, today filed a RM100 million civil suit for damages against the government and police.

NONE Indra Nallathamby, 43 ( right ), named former Selangor police chief Khalid Abu Bakar, police officer Navindran Vivekanandan and then-Subang Jaya police chief Zainal Rashid Abu Bakar (now deceased), as well as the then-inspector-general of police (IGP) and the government as defendants.

“The damages are for the brutal murder of Kugan on Jan 20, 2009,” lawyer N Surendran told reporters after the suit, blaming the authorities for negligence and breach of statutory duties, was filed this morning.

Indra, a single parent who has three other children, stressed the reason for the suit being filed “is not about the money”.

“I want the person who did this to my son to be punished,” she said, holding back tears.

In the suit, Indra accuses the defendants of failing to:

  • ensure the safety, health and welfare of Kugan while he was in custody;
  • exercise supervision and control over police personnel and police station;
  • provide a safe system of questioning and treatment of suspects in police custody;
  • ensure expeditious and/or adequate medical care for the deceased;
  • provide immediate and/or adequate medical care for injuries sustained by the deceased;
  • carried out their duties in a careless, inattentive and incompetent manner without due or proper regard for the right to life, safety and well-being of the deceased;
  • keep the plaintiff and family informed of the location and health condition of the deceased;
  • pay regard to and act consistently with the legal and constitutional rights of an arrested person.

Surendran said Kugan’s mother, who is now employed as factory worker, has suffered “nervous shock, mental agony and extreme grief” due to her eldest son’s death.

kugan ananthan injuries 210109 back After repeated denials on the real cause of Kugan’s death , an independent post-mortem report revealed that the 22-year-old had endured severe beatings and was also starved during his seven-day imprisonment at the Taipan police station in USJ-Subang Jaya.

The first autopsy conducted by Serdang Hospital pathologist Dr Abdul Karim Tajudin, although itemising the external injuries on Kugan body, concluded that his death was due to “pulmonary edema” or fluid accumulation in the lungs.

Public outrage

Following public outrage after the distribution of highly-publicised photos and video recordings at the mortuary, which showed the extent of Kugan’s injuries, a second post-mortem was conducted by University Malaya Medical Centre (UMMC) pathologist Dr Prashant N Samberkar.

Prashant’s autopsy revealed that Kugan’s death was caused by “acute renal failure... due to blunt trauma to skeletal muscles”, after which Abdul Karim was found guilty of professional misconduct by the Malaysian Medical Council (MMC).

NONE The Attorney-General’s Chambers then charged Navindran ( right ) under Section 330 and 331 of the Penal Code for causing “grievous harm”.

However, Navindra was acquitted in January 2011 without his defence being called by the sessions court in Petaling Jaya.

Surendran explained that Indra is also suing Khalid, aside from the two police officers who served at the police station, as Khalid “tried to cover up the case”.

“He is the biggest villain of all, but people like this, instead of being punished, are promoted,” he said, referring to Khalid’s promotion as deputy IGP last year.

The lawyer added that the attorney-general should also resign for failing to push for an appeal.

“He is incompetent... the AG can’t even put a single man in jail,” he blasted.

PKR information chief and lawyer Latheefa Koya added that the government must ratify the United Nations Convention Against Torture to put a stop to such occurrences in future.

Kugan’s mother is seeking RM50 million in damages for assault and battery; RM10 million for false imprisonment for seven days; RM10 million for misfeasance of public office; RM10 million in aggravated damages; RM10 million in exemplary damages; and RM10 million in vindicatory damages, as well other special damages deemed fit by the court.

VIDEO | 13.19 mins