A judicial review application has been filed to challenge the request by the Attorney-General's Chambers to re-open and introduce a new witness in the P Karuna Nithi death inquest, despite the coroner's verdict that the police are liable.

The application was filed by Karuna's brother, Elam Sezhian, on Aug 27 at the High Court in Seremban, with case management on the matter fixed for Sept 18.

The application was filed by the firm of Messrs Daim & Gamany. Elam named the Negeri Sembilan legal adviser and the attorney-general as respondents.

Elam is seeking an order for leave to be granted to initiate the judicial review and an order of certiorari to quash the respondent's request to re-open the inquest to add a new witness.

He wants the order by the coroner to re-open the case to be set aside and the ongoing proceedings to re-open the inquest to be suspended until the disposal of the judicial review application.

Elam (left in photo) said in his affidavit in support of the application that an application was made to his lawyers on June 24 to attend case management on the matter on July 7.

During case management, his lawyers were informed of the respondent's intention to re-open the case.

This is to allow them to call forensic specialist Dr Mohd Shah Mahmood from the Kuala Lumpur Hospital as an additional witness.

Elam's counsel said he believes the request to re-open the case is not feasible as the usual method for a party not satisfied with the decision is appeal to the High Court, not introduce new evidence.

Furthermore, the introduction of an expert witness should have been made during the inquest and not after the coroner had made a decision.

Found dead in police lock-up

In addition to this, Mohd Shah was not involved directly in the post-mortem and his opinion would just be that of another expert.

The application to re-open the case also goes against the principle of justice as there already is finality of judgment with the verdict being delivered in January, the law firm said.

Karuna Nithi, an engineer, was first remanded at the Tampin district police station in late May 2013 following an altercation with his wife and held further when his family could not raise his bail after he was charged in court.

The 42-year-old was found dead in a lock-up at the Tampin district police headquarters on June 1, 2013, and an inquest was ordered.

On Jan 28, the Seremban Coroner's Court ruled that Karuna Nithi's cause of death was the result of assaults by both policemen and other lock-up detainees.

Coroner Jagjit Singh, who is a Sessions Court president, noted that Karuna Nithi (photo) , had 49 injuries - mostly bruises - all over his body.

"My verdict is that Karuna Nithi's death was caused by multiple injuries as a result of physical assaults, abuses and other unlawful acts by persons unknown, but inclusive of police officers and other detainees in the police lock-up where the deceased was detained.

"Furthermore, his death was also due to the failure in providing him the necessary medical care and attention that was required and failure of the police officers to stop other detainees from abusing the deceased in the lock-up," Jagjit ruled.

Kicked by cop, too

CCTV footage of the police lock-up showed, among others, a policeman opening the door to Karuna Nithi's cell and kicking him hard enough for him to stumble backwards and fall.

Other footage showed the assaults the deceased had suffered at the hands of his fellow inmates, during which he was punched and kicked.

The pathologist's report from the Seremban General Hospital listed the injuries on Karuna Nithi as bruises to the head, chest, abdomen, shoulders, arms and legs.

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