Beaten to death: Family turns to court for answers

A student’s family has turned to the courts to seek answers over an incident where the 22-year-old was found dead in a surau in Mersing, Johor, nearly two years ago.

The Johor Bahru High Court is set to hear the family’s revision application to compel an inquest into the death where 53 injuries were found on Muhammad Atif Abu Bakar’s body.

The notice of motion was filed after the police allegedly refused to investigate the case, in which the body was found on Dec 19, 2022, a day after the student went missing from his hostel.

Governed by the Criminal Procedure Code (CPC), an inquest’s main objective is to investigate a person’s cause of death.

The family’s counsel M Visvanathan today confirmed the hearing of the bid over the incident

“The family is seeking an inquest proceeding to determine what happened because the police declared the case as NFA (no further action),” the counsel told Malaysiakini.

The lawyer claimed that the family was forced to resort to the court application after receiving no response from the Attorney-General’s Chambers (AGC) to get an inquest started.

On Sept 25, the family claimed in a press conference that the police decided to take no further action after more than a year and a half of investigation, and advised them to refer the case to a magistrate.

For the victim’s family, this decision was unacceptable.

Beating wounds, death from asphyxiation

Travelling more than 350km from their home, they held the presser with Visvanathan and the human rights NGO Eliminating Deaths and Abuse in Custody (Edict) to demand justice.

Suspecting that Atif was beaten to death by a crowd, Abu Bakar Ja’afar, 62, said his late son deserved justice, even though he was alleged to be mentally unstable during the incident.

“But this case has dragged on for far too long, and we don’t know what’s happening. The hostel (management) didn’t inform us of anything, they just told me to get the reports (related to Atif). I went everywhere, but it’s all silent, no updates.

“I want to know the cause of my son’s death. With all the beating marks, the forensic report after the post-mortem stated that his death was caused by pressure leading to a lack of oxygen.

“So, who caused that pressure? I want to know,” he said.

Abu Bakar said he had trusted the police and left them to conduct the investigation.

“But it’s almost two years now. My eldest son said it can’t go on like this, remaining silent. I was told that nine to 10 people had been arrested.

“I firmly believed the police would help me, but I’ve been waiting, and still, there’s no decision. It’s just silence,” he said.

‘Mentally unstable’

Recalling the tragic incident, Abu Bakar said that on the day of the death, Atif had called him, asking to be picked up from the hostel the following day.

However, Atif left the hostel earlier and was found dead in the Surau Taman Wawasan - about 15km from his hostel at the Mersing Industrial Training Institute.

Meanwhile, Atif’s brother Muhammad Aiman, 32, said the police previously informed the family that his brother was mentally unstable during the incident.

He said he was told that the deceased had removed his clothes, disturbed the public, and kicked passing motorcycles before disappearing into the forest in Mersing.

After searching all day, the victim was eventually found in Surau Taman Wawasan - about 15km from his hostel at the Mersing Industrial Training Institute.

According to the family, although investigations and arrests were made shortly after the death, there had been no further developments until they were recently asked to file a new police report.

The report was made on Sept 15, 2024.

‘Cops don’t know the law’

On the same day, the police concluded that no further investigation would be conducted, and the complainant was advised to refer to the magistrate.

They had not made a report earlier because they believed the authorities were already taking the necessary measures.

During the same presser, Visvanathan said the police’s request for the family to refer to a magistrate for further action also demonstrates they “don’t know the law”.

Under Section 13 of the Criminal Procedure Code, when there is a suspicious death or if the cause of death is unknown, the information must immediately be conveyed to the magistrate or coroner for action.

“So, in this case, the police don’t know the law,” said Visvanathan, who is also from Edict.

He also urged the police’s Integrity and Standard Compliance Department to take action against the officers involved in the investigation for allegedly not performing their duties according to the law.

Beaten to death: Family still waiting for answers after 21 months