The lawyer representing the family of N Dharmendran, who died in police custody in 2013, said police chief Khalid Abu Bakar is wrong in declaring the Enforcement Agency Integrity Commission's (EAIC) report on the custodial death as sub judice and that it should not have been published due to an ongoing trial.

"The IGP is wrong about this," the lawyer, N Surendran, said in a statement today.

Surendran argued that the assertion by the inspector-general of police that the EAIC's investigation is sub judice pursuant to Section 26(4)(f) of the Enforcement Agency Integrity Commission Act 2009, does not hold water.

This is because, while Section 26(4)(f) that Khalid relied upon gives the power to the Complaints Committee to recommend that investigations should not proceed because of a pending court case, other provisions in the same Act allow the commission to proceed when there is public interest.

"However, pursuant to Section 27(5) and (6), the commission has the discretion to proceed with the investigation, irrespective of whether there is a case pending in court.

“Therefore, sub judice does not prevent the EAIC from proceeding with the inquiry in appropriate circumstances," Surendran (photo) argued.

He explained that the function of the EAIC was different from that of the court as the commission also looks into investigations and prevention of misconduct among enforcement officers or agencies.

"It's function is to ensure and promote the integrity of all enforcement agencies in the country.

"It was clearly in the public interest that the EAIC report into this case be published," he said.

'No apology from the IGP'

The lawyer also pointed to Pages 2 and 3 of the EAIC report, where the commission explained that it proceeded with the investigation only after the acquittal of the accused persons in December 2014.

"By the time the Court of Appeal set aside the acquittal in February 2016, the EAIC had already completed its investigation and was preparing its report," he noted.

Surendran also lamented that the IGP did not, in his response, assure the people that the various recommendations made by the EAIC arising from Dharmendran’s death in police custody would be taken into account or implemented to allay public concern and fears.

He also expressed regret that Khalid (photo) did not have any regret nor make an apology whatsoever for the painful death of Dharmendran at the hands of police personnel, as confirmed in the 300-page report by the EAIC.

"There was no reaching out or any attempt to make amends to the family. This attitude only worsens the pain and grief felt by the wife and family since the death occurred on May 21, 2013," Surendran added.

Dharmendran was detained on May 11, 2013, and died 10 days later while in police custody at the Kuala Lumpur Police Contingent Headquarters (IPKKL).

Four police officers from the IPKKL were arrested and charged with causing his death.

On Dec 12, 2014, the High Court in Kuala Lumpur freed the four police personnel from the charge after concluding there was no prima facie case against them.

However, the Court of Appeal ordered the four police officers to enter their defence in the case.

The EAIC released its report on Dharmendran's case yesterday, in which other police officers were also flayed for attempting to cover up the detainee's death in police custody.