PUTRAJAYA, April 28 ― The Enforcement Agency Integrity Commission (EAIC) today found that the police officers in charge of interrogating N. Dharmendran, who died in police custody in 2013, were responsible for his death.
EAIC chairman Datuk Yaacob MD Sam said that the Serious Crimes Division (D9) police officers beat up Dharmendran while he was in detention and later fabricated evidence to cover up the violent interrogation.
“The commission found the death of Dharmendran a/l Narayanasamy on May 21, 2013 resulted from the use of physical force by the police,” Yaacob said during a press conference at the EAIC headquarters today.
He explained that pathologist report from the Hospital Kuala Lumpur Forensic Department showed that Dharmendran sustained 52 bruises from blunt force trauma which caused “acute massive loss of blood” and eventually led to “hypovolemic shock.”
The deceased was also found with staple wounds on his ears.
“This is shocking to us, there were two staples found embedded on the deceased’s ears, one on the right ear and the other on left ear causing puncture wounds on both ears.
“The pathologist confirmed the deceased ears were stapled while he was alive estimated between two to three days prior to post mortem,” he said.
EAIC: Cops tortured Dharmendran by stapling ears moments before death [28 Apr 2016]
Source: The Malay Mail Online
PUTRAJAYA, April 28 ― Staple wounds found on the ears of N. Dharmendran prove that he was tortured by police officers while being interrogated, the Enforcement Agency Integrity Commission (EAIC) said today.
EAIC chairman Datuk Yaacob Md Sam also rubbished the police’s claim that the staples had ended up on Dharmendran’s ears in the process of wrapping up and transferring his body after he died.
“This is a totally illogical, unreasonable explanation,” Yaacob said of the police’s theory of how the victim’s ears had staples embedded in them during a press conference at the EAIC headquarters today.
Yaacob explained that the pathologist report found that both his right and left ears which were stapled had blood stains on them, making it impossible for it to have occurred after Dharmendran’s death.
“This shows that his ears were stapled when he was alive. It rules out that the staples were made after his death or at the mortuary,” he said.
While conceding that the stapling of the victim’s ears was not the cause of death, Yaacob said that the injury on top of the other 52 bruises from blunt force trauma inflicted by the police eventually led to his death.
“A total of 52 bruises on the deceased caused by a blunt force object (blunt force trauma) causing acute massive loss of blood into the tissues causing hypovolemic shock,” he said, referencing the pathologist report from the Hospital Kuala Lumpur’s Forensic Department.
Yaacob also said that the police officers’ procrastination in interrogating the victim, having only begun the process two days before the week-long remand was set to expire, also forced them to use physical abuse.
“The commission is of the view that with the short period of remand left (in this case the deceased’s remand was due to expire in two days’ time) has placed the Project Team in the ‘last ditch’ situation in obtaining information from the deceased, resulted to the use of force on the deceased,” he said, explaining that the police had Dharmendran detained from May 13 until the day of his death on May 21, but only began interrogating him on May 19.
He added two staplers were also seized as evidence, one of which contained a male DNA.
No blood samples were taken from any of the police officers to match the one found on the stapler.
“The lack of blood sample has caused the DNA comparison analysis unable to be done in order to ascertain the identity of ‘Male 1’ found on the stapler by an expert from the Malaysian Chemistry Department to resolve the issue whether the Male 1 identity belongs to any D9 personnel,” he said.
Dharmendran, 31, was detained on May 21 for the attempted murder of two people in Cheras.
Dharmendran complained of chest pains while he was locked up and collapsed at around 4.25pm on May 21. He was pronounced dead on arrival after being immediately sent to the Hospital Kuala Lumpur.
The Kuala Lumpur High Court initially acquitted the four police officers charged with the murder of Dharmendran but the Court of Appeal later ordered the four men to enter their defence this May.
Dharmendran’s death was one of the three deaths in custody in less than two weeks in May last year, prompting calls for the establishment of the Independent Police Complaints and Misconduct Commission.
EAIC: Cops in Dharmendran murder case likely tampered with evidence too [28 Apr 2016]
Source: The Malay Mail Online
PUTRAJAYA, April 28 ― Apart from murder, the police personnel linked to N. Dharmendran’s death should also face charges over their alleged involvement in tampering and falsifying evidence, the Enforcement Agency Integrity Commission (EAIC) said today.
EAIC chairman Datuk Yaacob Md Sam said the commission is recommending charges against six personnel, three of whom were among the four policemen charged with murdering Dharmendran in 2013. The case against the four is currently at the Court of Appeal.
“The commission recommends that the Attorney-General Chambers (AGC) to consider criminal charge to be filed against the police personnel identified in this report for committing an offence of fabricating false information/misrepresentations and tampering of the D9 Lock-Up Station Diary,” he told a press conference at the EAIC headquarters.
The six named in EAIC’s report today are the three murder accused Kpl Haswadi Zamri Shaari and Inspector S. Hare Krishnan, and three others, namely Supt Glenn Anthony Sinappah, ACP Yahya Rahman and SAC Khairi Ahras.
Yaacob said during its investigation, the EAIC found at least six lock-up entries for the Kuala Lumpur police headquarters’ D9 division to be “false/misrepresentation”.
Another five, he said, were found to have been written in “an unusual manner”.
According to Yaacob, the entries “were not written in contemporaneous while he (the sentry officer) was on duty, but only two or three days after the death of the deceased”.
The report also identified several lock-up entries that were modified, which contravened Sections 177 and 182 of the Penal Code.
“The commission found two entries in the D9 Lock-up diary i.e. entry 3149 and 3150 had been tampered from the original entries… In order to synchronise with the time stated in the rearrest report of the deceased,” he added.
Section 177 states that any person found “furnishing information on any subject to any public servant” knowing full well that the information is false, or providing false information which is “required for the purpose of preventing the commission of an offence” can be punished with a jail term or a fine, or both.
Section 182 states that anyone who provides a public servant with false information “with intent to cause a public servant to use his lawful power to the injury of another person” is liable to a maximum jail term of six months, a fine of RM2,000 or both.
The EAIC also recommended that the Royal Malaysia Police (PDRM) act against all the police officers involved including Khairi, who was the deputy head of Criminal Investigation Department (Intelligence and Operation) at the time.
Yaacob also said that the report has been sent to the Inspector-General of Police, the AGC, the Home Ministry’s secretary-general, Minister in the Prime Minister’s Department Datuk Paul Low, the Federal Court’s chief registrar, the Health Ministry’s secretary-general as well as to the Chief Secretary of the government for their references.
Dharmendran, 31, had been detained on May 21 for the attempted murder of two people in Cheras.
Dharmendran had complained of chest pains while he had been locked up and collapsed at around 4.25pm on May 21. He was pronounced dead on arrival after being immediately sent to the Hospital Kuala Lumpur.
The Kuala Lumpur High Court initially acquitted the four police officers charged with his murder, but the Court of Appeal later ordered the four men to enter their defence this May.
Dharmendran’s death was one of the three deaths in custody in less than two weeks last May, prompting calls for the establishment of the Independent Police Complaints and Misconduct Commission.
The EAIC is a body that oversees the police and other enforcement agencies.
Its report today was based on the cumulative findings of five public hearing sessions co-chaired by four EAIC commissioners including its chairman. They were assisted by former deputy Inspector-General of Police Tan Sri Datuk Seri Mohd Jamil Johari, former Universiti Kebangsaan Malaysia vice-chancellor Tan Sri Datuk Seri Dr Sharifah Hapsah Syed Hassan Shahabuddin, and former Malaysian Bar president Lim Chee Wee.
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- KL police chief keeps mum on Dharmendran EAIC report, cites ongoing murder trial [28 Apr 2016]
- EAIC: Amend laws to hold police responsible for custodial deaths [28 Apr 2016]
- EAIC: Cops in Dharmendran murder case likely tampered with evidence too [28 Apr 2016]
- EAIC: Cops tortured Dharmendran by stapling ears moments before death [28 Apr 2016]
- EAIC: Police officers beat Dharmendran to death during violent interrogation [28 Apr 2016]
- Kenyataan Media EAIC berhubung dapatan siasatan EAIC ke atas kematian N. Dharmendran semasa dalam tahanan polis [28 Apr 2016]