Kugan’s negligence suit postponed to Monday

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KUALA LUMPUR: The High Court here yesterday postponed the negligence suit which was filed by N Indra, the mother of A Kugan, who died in police custody.

Judge Datuk V T Singham allowed the application of counsel R L Bani Prakash after being informed that Indra’s lawyer R Sivarasa was unwell.

Bani Prakash told the court that Sivarasa had been admitted to the Subang Jaya Medical Centre after fainting in his home yesterday.

Sivarasa was scheduled to cross-examine Deputy Inspector-General of Police Tan Sri Khalid Abu Bakar yesterday.

Judge Singham said that if Sivarasa was still unable to appear in court on Dec 17, there must be a substitute lawyer in his place.

“If Sivarasa cannot attend, another lawyer who represents the plaintiff (Indra) must take over, as this case was filed in January. It must be resolved as soon as possible, we cannot postpone it any longer as it is of public interest,” he said.

Judge Singham also allowed second defendant, former police constable V Navindran (who was convicted of causing hurt to Kugan) to be absent from the next court proceeding, after considering his predicament of having to take leave and bear his own cost.

He added that Navindran, who had completed his testimony, will only be called to court if it was applied for by the plaintiff or defendant.

On Jan 13, Indra filed the suit against Khalid (who was then Selangor police chief); Navindran; former Subang Jaya Police chief ACP Zainal Rashid Abu Bakar, the Inspector-General of Police and the government.

In her statement of claim, Indra claimed that all the defendants had failed to ensure the safety, health and welfare of her son, Kugan, while he was in police custody from Jan 14 to 20, 2009.

Kugan, 23 at the time, had been detained as a suspect in a luxury car theft case. — Bernama