No marks on body, claims ex-magistrate
A former Kuala Kubu Baru magistrate testified at the Kuala Lumpur High Court today as a witness in a RM500,000 civil suit over the death of police detainee Mohd Anuar Sharif nearly seven years ago.
A former Kuala Kubu Baru magistrate testified at the Kuala Lumpur High Court today as a witness in a RM500,000 civil suit over the death of police detainee Mohd Anuar Sharif nearly seven years ago.
Arik Sanusi Yeop Johari took the stand to give evidence as the judicial officer who had examined Anuar after his death on the evening of August 18, 1999. Anuar was detained on drug-related charges
Anuar was arrested on Aug 10, 1999 and subsequently remanded for 14 days. He was examined at a government clinic on the night of Aug 17 but was returned to the Rawang police station lock-up immediately afterwards.
He died 13 hours later. According to the authorities, he died of 'pneumonia'.
Anuar's widow, odd job worker Suzana Md Idris, 39, who claims that her husband's death was caused by the police is seeking damages from former Gombak police chief Ishak Hussain, former Gombak district CID chief Massari Hashim and the then Inspector-General of Police Norian Mai for her husband's death.
The Malaysian government has also been named as the fourth respondent in her suit.
In his testimony today, Arik said he was called on the morning of Aug 19, 1999 to the Rawang police station to examine the body of the deceased and the circumstances of his death.
He explained that he was requested to perform the task as the Rawang magistrate was on leave at the time.
Photos taken
Arik said he did not see any bruises, injuries or lacerations on Anuar's body.
"I saw that there were no marks on the body of the deceased to show that there had been any foul play," he told Justice Kang Hwee Gee in response to a question from Senior Federal Counsel Amarjet Singh.
Arik also said that he had inspected the police station's lock-up diary to ensure it was 'in order' and later obtained a copy of the Rawang magistrate's remand order providing for Anuar's detention. He then ordered the police to send Anuar's body to the hospital for a post-mortem.
Under cross-examination Suzana's lawyer P Uthayakumar, Arik denied that he had neglected any of his duties and that he had not made further inquiries into Anuar's death in police custody.
He denied counsel's suggestion that he had 'helped the police to cover up the case' and said he had fulfilled his obligations in accordance with the established procedures of the law.
Arik was stumped, however, when asked about marks on Anuar's body as seen in photographs taken by the deceased's brother after his family had claimed the body.
"The marks were not there when I saw the deceased's body in the lock-up. If the marks were there, I would have seen them on the body when I examined it in the lock-up," said Arik, who then agreed with counsel that he had not examined the body in detail.
Hearing continues on Wednesday.


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