The Enforcement Agency Integrity Commission (EAIC) holding a public inquiry into the death of N Dharmendran in a police lock-up two years ago was told that the detainee was in good condition before he was found dead.

Kuala Lumpur police lock-up sentry, Lance-Corporal Mohd Fairus Mohd Saaruddin, who was tasked to guard Dharmendran's cell at the time of the incident, said Dharmendran told him that when they met on May 21, 2013.

“His condition was good and normal, healthy, with no health problem. He also had no complaint.

“I did ask whether he was okay. He said he was okay. He did not show any sign of pain. The way he walked was okay,” he added.

Mohd Fairus said he was on duty at Dharmendran’s cell from 11am to 3pm and he was handed over the task by one lance-corporal.

“The lock-up was empty then. After about 15 minutes, the D9 members brought back Dharmendran to the cell after taking his photograph.

“I saw Dharmendran lying down, sitting and minding his own business and I did not talk to him,” he added.

He said at about 2.20pm, Dharmendran was taken out of the cell again for questioning and that was the last time he saw him.

Questioned by EAIC commissioner Yaacob Md Sam whether he ever gave Dharmendran a inhaler since he was brought to the lockup on May 13, Mohd Fairus said he had never done so.

Another sentry at the lockup, Lance-Corporal Mohd Fairul Mohd Fauzi, who took over duty from Mohd Fairus for the evening session, said he saw Dharmendran lying down without a shirt on in the cell at about 4.35pm.

He said he was supposed to take over duty at 3pm, but was delayed because of other duties at the guard house.

“On that day, I arrived (at KL police headquarters) at 2.30pm. At that time Lance-Corporal Mohd Fairus told me that the D9 lockup (where Dharmendran was placed) was empty (because Dharmendran was taken out for questioning). So, I was instructed to take care of the security passes at the guard house until informed to go up to the lockup when Dharmendran arrived,” he added.

Mohd Fairul he was asked to go to the lock-up at 4.30pm and then saw the door of the lock-up and cell opened and Dharmendran lying down without a shirt on.

He said a police sergeant was beside Dharmendran in the cell and when he asked the policeman what happened to the detainee, the sergeant said, “Don’t know, he could be dead”.

Questioned by Yaacob whether a sergeant could enter the lock-up without the permission of the sentry, Mohd Fairul said regulations did not allow it.

“He (sergeant) did not wait for me (to bring in the detainee) and I did not say anything at that time because I was then a constable and he, a sergeant,” he added.

Mohd Fairus and Mohd Fairul also told the EAIC that they were told a file a report on Dharmendran’s death and to include the fact that the detainee complained of chest pain and had requested for medicine.

The hearing continues tomorrow.

- Bernama