Bid filed to compel gov't to hold 2nd post-mortem
M Krishnan’s widow P Revathi filed an application at the Kuala Lumpur High Court today to compel the government to conduct a second post-mortem into his death in police custody earlier this year.
M Krishnan’s widow P Revathi filed an application at the Kuala Lumpur High Court today to compel the government to conduct a second post-mortem into his death in police custody earlier this year.
Her application filed by her lawyer Gurmit Singh Hullon, who said case management has been set for tomorrow morning before a deputy registrar, to see if there is a response from the five respondents.
Revathi (right) named the Bukit Jalil police station chief, Cheras OCPD, the inspector-general of police, Kuala Lumpur magistrate, and the attorney-general as respondents.
The post-mortem performed at Hospital UKM, Cheras, had cited the cause as inflammation of an ulcer.
Krishnan’s family and an independent witness have disputed this, based on bruises found on the body. The witness alleged that he and Krishnan had been assaulted by the police.
Revathi is seeking that another post-mortem be conducted at the Universiti Malaya Medical Centre (UMMC) by Dr Prashant N Samberkar, who has agreed to do so.
Revathi, 36, sought that the body be taken from the HUKM to UMMC for the purpose of the post-mortem; for a lawyer to be present during the autopsy; and for costs of the action to be borne by the respondents.
She asked that a copy of the second post-mortem report, as well as a copy of the HUKM post-mortem report, be handed over to her solicitors on her behalf. Also sought were the police report, witness statements and recorded statements.
Revathi, a home-maker with six children aged between eight and 17, also applied for an inquest to be held under Section 334 of the Criminal Procedure Code.
Krishnan, a wireman, was picked up on Jan 2, at the Miharja condo with four others on allegations of drug possession. However, his wife has denied any knowledge of this.
In her supporting affidavit, she claimed that a witness had seen 10 policemen assault her husband by ordering him to lie on the floor at the Bukit Jalil police station where he was taken. The witness said personnel wearing their boots then jumped on his back.
Revathi said her husband had succumbed to his injuries about 7.30am on Jan 7, as a result of the assault at the Miharja condo and then at the police station. There were injuries or bruises on the back, and an open wound to the right side, she said.
She said it is her belief that her husband did not receive medical attention following the assault, resulting in his death.
She claimed to have only received a text-message from an unidentified mobile number, informing her to claim her husband's body for burial after a post-mortem was performed without her permission.
The police have not objected to a second post-mortem being conducted, but said this would only be done if a court order is obtained.
Plea for answers
Krishnan's mother, A Letchumy, 55, was among family-members and Pakatan Rakyat representatives in court today.
“There is no reason to have t
he courts and a justice system, if they take justice into their own hands. I want to know why he was arrested and what the charge was. If he was at fault, he should have been charged in court. Why did they assault him and leave him to die?” asked Letchumy.
“My six grandchildren's education has been affected following their father's death. Why do all these (custodial deaths) happen to the Indian (Malaysian) community? Is this what is called 1Malaysia? Where is the justice and equality?”
She said the family has been kept in the dark over her son's death even to the point of the post- mortem, and questioned the need for secrecy.
“The authorities should own up to their responsibility for Krishnan's death,” she said, asking for quick answers.
Lawyer and Pucho
ng MP Gobind Singh Deo (in white shirt) called for an Independent Forensic Research Institute to be set up, to look into cases where there is a need for a second post-mortem.
“Family-members should not be subjected to anguish in having to demand a second post-mortem following death under suspicious circumstances. The institute can also (accredit) pathologists to perform the post-mortem,” he said.
Gobind denied that, if the government allows such applications, it would result in the floodgates being opened.
He said a second post-mortem could detect the cause of death, as proven in the custodial deaths of A Kugan and Teoh Beng Hock.
“The second post-mortem in Kugan's case led to a policeman being charged. In Teoh's case, (the Thai forensics expert) managed to prove some of her observations, which helped the coroner to arrive at a decision,” he said.
He added that 
family-members should not be made to go to court to make such applications.
Kapar MP S Manikavasagam (left) said there have been 160 cases of death in police custody in recent years, and that the trend is worrying.
He said he had raised the matter in Parliament to prevent unnecessary loss of life.
“A police station is supposed to be the safest place in the country, but … has become some sort of death trap for those detained. Why has this happened?” he posed.
Port Dickson assemblyperson M Ravi and PKR vice-president N Surendran were also present today.
