Missing detainee case: AG approves independent DNA test

comments     Roshan Jason     Published     Updated

The Attorney-General's Chambers has given the mother of G Francis Udayappan the go ahead to conduct an independent DNA test, to back her claims that a decomposed body found in the Klang River more than two months ago is that of her son.

Her lawyer, N Surendran ( right ), said he had received a fax yesterday afternoon, signed by the prosecution division head Mohd Yusof Zainal Abiden, agreeing to the family's request.

"We're arranging the logistics (for the independent test), but we feel permission should have been given much earlier. The long wait has added to the mother's suffering," Surendran said.

"We're also upset that we have not been given a copy of the first DNA test result and that the authorities have not agreed to allow an independent post mortem to be conducted. Even this concession for the DNA test has come only after much pleading and pressure ."

Francis' mother, G Sara Lily, had positively identified the body found on May 23 as that of her son, based on a tattoo, tooth deformity and recognisable features.

However, separate DNA tests conducted by the Universiti Malaya Medical Centre (UMMC) with samples provided by Sara and her estranged husband have not established a match.

'Unacceptable behaviour'

This morning, Sara and her lawyer handed a memorandum to Parti Keadilan Rakyat (PKR) president Dr Wan Azizah Wan Ismail at Parliament House, urging her to take the government to task over cases of custodial death and to address allegations of police brutality.

The memorandum included accusations that the police had harassed and abused Sara and her lawyers, as well as claims of collusion between the police and UMMC over the post mortem.

The case of R Magesvaran, a 29-year-old security guard found hanged in the Petaling Jaya district headquarters, was also brought to Wan Azizah's attention

She pledged to raise the matter of custodial deaths and unsatisfactory investigations when the Dewan Rakyat next sitting in September. Today is the last day of the second sitting for the year.

"The behaviour of the police is unacceptable. Francis' case isn't just a family issue but a social problem...the number of deaths in custody is worrying," she said, after Sara ( photo ) broke down in tears.

"We have just witnessed how the mother is agonising over this. We (PKR) want the authorities including the Internal Security Ministry to answer for this and all other reports of deaths in custody."

PKR vice-president Tian Chua, who was also present, said the police and other parties involved should be made answerable.

'No time'

Surendran also said he had written to Prime Minister Abdullah Ahmad Badawi but he has yet to even receive an acknowledgment.

He said he faxed and mailed three letters dated July 6, 8 and 9, following Sara's letter of appeal to the premier on June 25.

"When I called the PM's office, I was passed from person to person and was often told that neither he nor his private secretary would speak to me. They said he was too busy with the Umno elections (due in September) and could not attend to this issue," he said.

"This clearly shows that the PM is not concerned about the welfare of people or the issues affecting them."

Surendran also had harsh words for the Royal Commission on the Police, which has recommended an inquest into Francis' case. It had held an 'inquiry' yesterday into the matter, according to a New Straits Times report today.

"The inquiry, which seems to have only taken a day, is a farce. They only spoke to CID chief Musa Hassan and Brickfields OCPD Zul Hasnan Najib Baharuddin," he said.

"The family, lawyers and human rights groups monitoring this case were not called in to provide information - we were not even informed about the inquiry."

He said the commission had not conducted a serious and proper investigation and accused it of "passing the buck" to the courts.

The commission has told the police to liaise with the AG's Chambers to set a date for a judicial inquest, saying this would be the appropriate move in view of the allegations that have been made.

Francis ( left ), a VCD vendor, was arrested for petty theft and held in the Brickfields police station. The police claimed he escaped from the premises on April 16 by jumping into the Klang River.

This version has been disputed by his mother, who has alleged that Francis was killed while in the custody of the police.



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