'Since when visiting pathology unit is a crime?' LFL fumes as lawyers probed in custodial death case

The photographs laid bare the horrific injuries suffered by Noorizwan Zulkefly, offering a chilling glimpse into the final hours of a man who died in police custody.

But now, in a troubling twist, the lawyers who sought to have those images disclosed are themselves under police investigation.

Lawyers for Liberty (LFL) has condemned the probe as “outrageous”, questioning why lawyers representing the family of the deceased should face criminal scrutiny for seeking answers about the injuries documented in his post-mortem examination.

Police are investigating LFL leaders Latheefa Koya and N Surendran, along with Dina Zamri, who represents Noorizwan’s family, over allegations that they pressured Hospital Canselor Tuanku Muhriz to disclose the post-mortem photographs.

LFL director Rania Aljunied said Latheefa, Surendran, and Dina were questioned for more than three hours yesterday, with investigators focusing on the family and lawyers’ visit to the hospital’s pathology unit to seek clarification on the medical evidence from the autopsy.

“Since when is this a criminal offence in Malaysia?” she asked in a statement.

Pathologist agreed, senior cops present

Rania said the investigation bordered on the absurd, pointing out that two senior Bukit Aman officers were also present at the hospital when the family and lawyers requested a briefing on the extent of Noorizwan’s injuries and to view the photographs.

According to her, the pathologist agreed to their request.

“The investigation is unlawful, high-handed, and interferes with the duties of lawyers acting for their clients,” Rania said.

She argued that without the family and lawyers pressing for disclosure of the photographs, the public might never have learnt the full extent of the injuries suffered by Noorizwan.

“It was only because the lawyers and the family pressed for disclosure of the photographs that the Malaysian public found out for certain that Noorizwan had been beaten to death, as well as the details of the barbaric injuries he had suffered.

“Now, the police are investigating the lawyers for revealing the truth about the brutal assault upon Noorizwan, which has shocked the nation,” she added.

Access to photos vital

Rania stressed that viewing the photographs was essential for the family and their legal representatives to establish the precise extent of the injuries sustained by Noorizwan and to understand the medical evidence surrounding his death.

However, she said, rather than concentrating on explaining those injuries and pursuing the circumstances that led to his death, the police had devoted substantial resources to investigating the lawyers appointed by the family to seek justice.

“This has caused further emotional stress and trauma to the family of the deceased. How will they obtain justice if even their lawyers are being harassed, intimidated, and subjected to criminal probes?” she asked.

Holding the government and Home Minister Saifuddin Nasution Ismail responsible, Rania warned that the investigation risked sending a dangerous message to the public - that demanding answers over a death in custody could expose not only grieving families but also the lawyers representing them to criminal investigations.

‘Stop harassment, investigate Noorizwan’s death’

LFL issued three demands in response to the probe.

First, it called on Inspector-General of Police Khalid Ismail to immediately end the investigation against the lawyers and publicly confirm that no further action would be taken against any lawyer for lawful representation, public criticism or demands for accountability in the case.

Second, it urged Saifuddin to publicly affirm that families and lawyers pursuing justice over deaths in custody would be able to do so without harassment, investigation, or reprisal.

Third, Rania called on the police to redirect their resources towards what LFL considers the more pressing questions surrounding Noorizwan’s death.

These include classifying the case as murder under Section 302 of the Penal Code, suspending and investigating the officers involved, preserving all relevant evidence, and providing the family with regular updates.

Death from blunt force trauma

On Oct 14, the family’s lawyers said a senior pathologist had documented 21 injuries during the post-mortem examination and concluded that Noorizwan died from blunt force trauma to the head.

The following day, Kuala Lumpur police chief Fadil Marsus said the death was being investigated and that the authorities were awaiting the full report from the Chemistry Department and the official pathology findings before completing their probe.

Fadil said Noorizwan’s detention was carried out in accordance with established standard operating procedures (SOP). He was taken to the hospital after allegedly falling ill.

The police chief also drew criticism after he disclosed that Noorizwan had 44 criminal records, comprising 18 drug-related cases and 26 other criminal offences.

Fadil also said Noorizwan had admitted to involvement in 17 other housebreaking and theft cases in the Cheras district.

Noorizwan, a 42-year-old father, died on Oct 1 after being detained at the Cheras district police headquarters lock-up.

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