BUKIT MERTAJAM – The family of Kumar Selvadurai, 34, who died in custody in December is considering legal action after finding out that his body was handed over to a third party for funeral rites while they themselves were allegedly informed of his death 53 days later.
They claim there may have been negligence on the part of police and hospital authorities in handling the case and the authorities may have failed to observe procedures, especially in failing to inform them and disposing of the body the same day he died.
The family will soon meet their lawyers for advice on the matter.
His younger brother Thines Selvadurai claimed that Kumar’s body was handed over to a non-governmental organisation (NGO) within 21 days of his passing. The family is concerned about whether this breaches set procedures on the time period for the disposing of a body.
“There is a clear negligence on the part of the hospital. It is a known fact that the body of Kumar was handed over to the NGO on the day he died, and he was buried on the same day at a Hindu cemetery,” he said.
“We will resort to legal action if the lawyers advise us to proceed with legal proceedings,” he said to The Vibes. “We are unhappy with the way they have handled my brother.”
Meanwhile, Malaysian Bar president A.G. Kalidas said in a statement yesterday that if such allegations are indeed true, they raise concerning questions regarding the integrity and transparency of the police force, and the manner in which they treat detainees and their families.
“The Malaysian Bar is hopeful that the recently established Death in Custody Investigations Unit set up by the police force’s Integrity and Standards Compliance Department will be able to provide satisfactory answers,” he said in a statement yesterday.
“The police force owes it to the families of the deceased to seek out the truth and to establish trust and confidence in the public whom they are tasked to serve.”
Kumar was reportedly detained by police at the Kepala Batas district police headquarters on December 10 last year over suspicion of theft.
Upon hearing about the arrest, Thines had then gone to the district police headquarters where Kumar was being held. Thines saw Kumar being surrounded by policemen at the lock-up and was subsequently told to leave and go to court.
However, Kumar was later nowhere to be seen at the court complex.
When Thines returned to the Kepala Batas police station, he was informed that his brother was transferred to the Seberang Prai prison in Jawi.
But upon making queries there, the detention centre informed him that they had no record of Kumar’s detention.
In a police report filed on February 5 by Thines, the family claimed that they were only informed of Kumar’s death the day before – 53 days after it had taken place on December 13.
Furthermore, the family was informed that Kumar’s body was handed over to an NGO, Hindu Sangam Seberang Prai, supposedly because none of the deceased’s family members came to claim him.
Thines asked why police did not ask Kumar’s two friends, who were also arrested and taken into custody over the same case, about his family details.
David Marshel, a councillor with the Seberang Prai City Council and president of NGO Thamilar Kural, said that according to police, Kumar was released on police bail at about 4.30pm on December 13 after he was admitted to the Kepala Batas Hospital.
He said that Kumar collapsed in the cell at the Kepala Batas police headquarters, based on the police information.
Kumar is believed to have then died while he was being transferred to Seberang Jaya Hospital.
“I want to see justice done for the family,” David said, stressing that it is important to prevent similar incidents like this in the future. – The Vibes, February 8, 2022
