At 4.30am on Aug 19, 2013, police raided an apartment in Sungai Nibong, Penang, and killed five youths in an ensuing shootout.

Then Penang police chief Abdul Rahim Hanafi alleged that the five – Suresh Murugasen, Ramesh Ranganathan, Rakan Nagaiah, Gobinath Jayasooryam, and Gopinath Myalvaganam – had committed armed crimes in the country.

And after the shootout, police said they recovered three guns – a silver Norinco, a silver .38 revolver and a black Walther PPK – from the scene.

However, the families of the five refuse to accept the narrative put out by the police and the media.

Demanding answers, they have registered a civil suit against inspector-general of police Khalid Abu Bakar, Abdul Rahim, senior police officer DSP Mohd Naim Asnawi and the chief secretary to the government, Ali Hamsa, at the Penang High Court.

“Until today, we do not know what has happened, and we were only notified about our son’s deaths after seven hours,” said Murugesan V Ramasamy, the father of Suresh.

Speaking at a press conference in Sungai Dua, Penang today, Murugesan said he filed the case because he wanted justice.

Rakan's mother, Tanaletchimi S. Kuthaya, said those responsible must be held accountable.

“My son died and left his wife and small daughter to fend for themselves,” she added, in tears.

Thilagavathy Arunasalam, Ramesh’s mother, asked, “Were they (police) justified in their actions?”

Uncovering the real narrative

Hindraf leadership senate member N Ganesan (photo) said the families want the courts to redress what they consider to be “a very serious injustice” meted out to the five.

“They call into question the conduct of the police on that fateful day; did the police act in accordance with all the laws of the country?

“Was the incident consistent with standards of the human rights guaranteed to every citizen in the country?” Ganesan asked at the press conference, held at the office of human rights NGO Suaram.

He added that the families seek an “objective vetting” of the entire incident. They want the courts to rule on the conduct and role of the police in the case.

Lawyers of the families include V Parthipan, Puvaneswaran and K Kumaran, while the former will be further assisted by Suaram and Hindraf.

Parthipan (photo) said the case will be in the courts on Oct 13 and 14, and for now, will be held separately.

He explained that the families were only filing the case now – three years after the incident – because their previous lawyer had tried to delay it.

The families then contacted Hindraf and Suaram, and the case was registered a day before the limitation ended on Aug 19.

'Shots were close range'

Parthipan added that the Penang Bar Council has requested an inquest, and will also send a lawyer for the watching brief when the case goes to trial.

“We feel that the police did not follow certain SOP (standard operating procedure) when conducting the incident.

“The shots were close range; and after they were shot dead, the youths were called all sorts of names including being gangsters, members of secret societies and paid hitmen,” Parthipan said.

“They may be criminals but they still have their rights,” he added.

Ganesan said that the families feel that the case will increase the accountability of the law and order and security arms of the government.

“It is hoped that the outcome of this suit will raise the standards of practice of human rights in the country; it is also hoped that efforts of policy makers will be refocused on improving law and order.

“We can do this through adopting more comprehensive measures to address the ecosystem that surround and produce the law and order situation that exists in the country,” Ganesan added.