The family of R Gunasegaran who died in police custody in 2009,  take their case to the Court of Appeal after the Kuala Lumpur High Court  dismissed their civil suit last month.

Lawyer M Visvanathan said the appeal will be filed as the judge Yeoh Wee Siam had recognised the assault on Gunasegaran had taken place, and despite agreeing most of what had been submitted by the family as evidence, she dismissedx the family's claim on a technicality.

For the first time in a custodial death case, the lawyer said witnesses were called in to testify to verify the beating and kicking that Gunasegaran suffered.

This, Visvanathan ( left ) said, had been recorded in Justice Yeoh's judgment.

“He allegedly died after falling down while police were in the process of finger-printing him. However, his finger prints were never taken.

“Questions can be asked as to why no first aid was given, as the police witnesses gave conflicting testimonies when they said they sprinkled water on the deceased to revive him but conflicted on who sprinkled the water,” he said.

Despite testimonies on the assault and the judge agreeing that the police did not investigate o the death the judge decided to dismiss the case, said Visvanathan.

“This follows the court is in agreement with the pathologist’s finding that Gunasegaran's death was related to drugs after two post mortems were performed,” he said.

However, there were several marks of injury on Gunasegaran's body, as evidence of the assault and that  in addition to the witnesses who testified.

Gunasegaran died on July 16, 2009 at the Sentul police station, the same day DAP political aide Teoh Beng Hock died while under the Malaysian Anti Corruption Commission custody at Plaza Masalam.

Seeking financial help

It was previously reported an inquest on Gunasegaran's had declared  than open verdict.

An appeal against the Coroner's decision also ended with a similar verdict and this culminated further with last month's civil court decision .

Visvanathan who was present with Gunasegaran's sister Ganga Douri said she had also asked why no action had been against the police assailants despite the reports lodged.

“If I go outside and beat someone, wouldn't action be taken against me. Why no action was taken against the policemen involved in the assault,” said the lawyer.

He said in the judgment recognised that no investigations had taken place.

Following the unsatisfactory decision, Visvanathan the family had decided to lodge appeal and is seeking help to finance the process.

“As the family has limited funds, we have approached the Malaysians for Teoh Beng Hock organisation for assistance.”

The organisation’s coordinator Ng Yap Hwa said the contributions received in the next two months would go to Gunasegaran's cause.