KUALA LUMPUR, 4 Aug 2009: The High Court here today allowed a preliminary objection by the Royal Malaysia Police, and dismissed a notice of motion filed by the mother of suspected car thief, A Kugan.
N Indra had wanted the police to return documents, and her son’s tissue samples and bodily fluids. Kugan died in January 2009 while in police custody.
The documents and tissue samples were taken from the office of the head of the pathology department of Universiti Malaya Medical Center (UMMC).
Justice Datuk Ghazali Cha said the court agreed with the submissions by deputy public prosecutor Noorin Badaruddin, who represented the police, that the notice filed by Indra was more of a civil application.
He held that Indra had failed to state under which provision the court had jurisdiction to decide on the application.
Ghazali, however, granted leave for Indra to file a new application.
On 28 May 2009, Indra filed an application to compel the police to return all items, documents, tissue samples and bodily fluids, which were seized from UMMC on 6 April, to its pathology department.
Kugan, 22, was detained by police on 15 Jan for alleged car theft but died five days later.
Outside the court, Indra’s lawyer, N Surendran, said he would get further instructions from his client whether to appeal against the decision or to file for a new application. — Bernama
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