Why no prosecutions in Bentong custodial death, lawyer asks AGC

Summary

• Lawyer M Visvanathan questions why no prosecution has taken place despite a court ruling stating that G Jestus Kevin died in police custody in 2020 from the actions of others.

• He urges the home minister and the inspector-general of police to resign if they cannot uphold justice for the deceased.

Lawyer M Visvanathan has questioned the Attorney-General’s Chambers (AGC) on why those responsible for the death of G Jestus Kevin five years ago have yet to be prosecuted.

Visvanathan, who is also chairperson of rights group Eliminating Deaths and Abuse in Custody Together (Edict), told a press conference today that there are “no reasonable excuses” for the AGC’s inaction since the Kuantan Sessions Court last month ruled that Jestus’ death was caused by the actions of others.

“The witness testimony and documentation presented during the inquest proceedings clearly show that the deceased was bound, beaten, kicked, and severely assaulted by two cellmates in the Bentong police station lockup, which resulted in his death.

“Not only that, but the CCTV footage from the lockup also clearly showed that the two cellmates had committed cruelty against the deceased on the orders and/or encouragement of the police officers on duty.

“The footage, alongside other evidence, is now in the possession of the AGC, the police, and the government,” said Visvanathan.

While the footage cannot publicly be broadcast due to a civil lawsuit filed by the deceased’s family against the aforementioned parties, Visvanathan said that he would still be willing to show the footage to the AGC if need be.

Visvanathan said the civil case was filed in 2023 and is still pending at the Kuantan High Court.

He also urged Home Minister Saifuddin Nasution Ismail and the inspector-general of police to take the case seriously, and to resign if they fail to uphold justice for the deceased.

Charge inmates, cops

Visvanathan and the victim’s family are demanding that the two cellmates who bound, beat, kicked and severely assaulted the deceased, leading to his death, be charged under Section 302/304 of the Penal Code.

The two sections deal with murder and culpable homicide, respectively.

They are also calling for all police officers on duty at the Bentong police station lockup to be immediately dismissed and charged in court.

“Edict and the deceased’s family are awaiting a response from the AGC, the police, and the Malaysian government,” he added.

Last month, coroner Salina Saiful, in her inquest decision, concluded that Jestus’ death could have been prevented.

The 30-year-old was found dead on April 5, 2020, at 1.05am while in detention at the Bentong district police headquarters

He had initially been arrested to assist in investigations under Section 397 of the Penal Code related to theft.

The court found that Jestus lost consciousness and had breathing difficulties before being taken out of the cell, and that police failed to send him to the hospital despite being aware of his abnormal behaviour and unstable emotional state.

The coroner also found that the deceased was not properly supervised while in custody, and noted that he was placed in a cell with two other detainees, which worsened his condition.

Salina said no action or medical treatment was provided for the deceased’s physical or mental state, and if proper attention had been given, his injuries could have been detected and treated.

The inquest into Jestus’ death began in 2020 and saw 16 witnesses called to testify. Deputy public prosecutor Azizah Ahmad appeared for the prosecution, while counsels Visvanathan and V Sanjay Nathan appeared on behalf of the deceased’s family.

Also present at the press conference today were the deceased’s father, A Ganaprakasam, and sister, Irene Louis, who emphasised that they would continue their efforts to seek justice for Jestus.

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