Coroner’s verdict on cause of detainee death must be upheld, says lawyer


Noel Achariam

Eric Paulsen says the coroner’s court also noted the failure of the police to provide medical care and to stop other detainees from abusing the deceased in lock-up. – Facebook pic, September 25, 2017.

THE Seremban High Court must uphold the coroner’s court verdict that the death of engineer P. Karuna Nithi, who died in police custody, was caused by multiple injuries, said Eric Paulsen of Lawyers for Liberty.

Paulsen, who is representing the family of the deceased, said the coroner’s court in April last year did not err in rejecting the post mortem report of pathologist Dr Sharifah Safoorah Syed Alwee Al’ Aldrus.

“This is because she (Dr Sharifah) had displayed numerous flaws in her examination and the manner in which she conducted the post mortem.

“In her post mortem report she admitted that Karuna’s liver disease was mild and his fatty liver condition was not serious. So how did he die?” he told The Malaysian Insight.

In May 2013, Karuna’s wife filed a police report of a domestic quarrel in Tampin. The 42-year-old engineer was apprehended and died three days later in police custody.

The public prosecutor is appealing to the High Court to reject the coroner’s court verdict that his death was due to multiple injuries. A decision is expected on October 9.

“The prosecutor’s basis for rejecting the coroner court judgement is that in the original report, Dr Sharifah had said the death was caused by a fatty change in liver.

“(This is) Despite there being CCTV evidence that Karuna was brutally beaten by inmates and police officers. The prosecutors are saying that the High Court must accept the testimony of Dr Sharifah.”

The coroner’s court last year found Karuna’s death to be due to multiple injuries. Forty-nine injuries were found on his body.

“The coroner’s court found the injuries were caused by blunt objects, physical assault, abuses and unlawful acts of persons unknown.

“The coroner’s findings are also inclusive of the failure of police to provide medical care and to stop other detainees from abusing the deceased in the police lock-up.”

Karuna was one of 256 detainees to have died in police custody between 2000 and 2015. The deaths are reported to be due to  police brutality and negligence.

The cases were highlighted in a 270-page report prepared by the Human Rights Commission of Malaysia that was released last year. – September 25, 2017.


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