The Kuala Lumpur High Court has upheld an earlier inquest’s findings of an open verdict over the death of 31-year-old R Gunasegaran, who died while in police custody on July 16, 2009.

NONE However, the court took judicial notice that all future custodial death cases be investigated by other police districts to ensure transparency in its investigations.

Gunasegaran was detained by police for suspected drug possession, and died under mysterious circumstances - and suspected police assault - an hour later at the Sentul police station.

He was detained along with four others in an anti-crime raid in July 2009.

The police claimed he collapsed while being fingerprinted at the Sentul police station between 6.45pm and 7pm, and died due to illnesses related to drug abuse.

Judicial commissioner Kamardin Hashim in upholding the open verdict also noted the assault made by police lance corporal Mohd Faizal Mat Tahir on the victim.

"The court also cannot rule out there might be a drug overdose of chloroquine by the victim," said the judge.

"Hence the court upheld the open verdict made by the coroner at the magistrate's court.

“The court also takes judicial notice that future custodial death cases should be investigated by other district police rather than from the same district.

"This is to ensure transparency," he said.

The court was hearing a judicial review application over the earlier coroner's court ruling made in October 2010.

Gunasegaran's sister, Ganga Gowri, applied for the judicial review application following injuries found on her brother’s chest and that her brother had already died while being brought to Hospital Kuala Lumpur.

Moral victory

M Visvanathan, who appeared for Ganga Gowri, said despite the open verdict, it is a moral victory.

“The court took a stand that custodial death sentence should be investigated by other police districts. This is the first time that the court had suggested this to ensure transparency,” he said.

Visvanathan said they will file an appeal at the Court of Appeal despite today’s decision.

Gunasegaran died on the same day that political aide Teoh Beng Hock died, on July 16, 2009.

Chloroquine, Visvanathan said, is not a dangerous drug classified under the Dangerous Drugs Act and is said to be an anti malaria medication.

The lawyer had claimed that Gunasegaran died from a large injury on his chest measuring 28cm x 8cm x 5cm, after being kicked by Lance Corporal Mohd Faizal.

Visvanathan said the injury could not have come from resuscitation efforts as the doctors who attended to him had pronounced him dead on arrival and they did not do any resuscitation.

“I would also like to question why the police had not taken action on this police officer, Mohd Faizal, where witnesses saw him kicking the victim. Why until today after three years, there has been no action or investigations taken,” he said.

It was also reported that Gunasegaran’s body which was kept in HKL was badly decomposed.

The family has also filed a civil suit against the police and HKL last week over the manner surrounding Gunasegaran’s death.

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